05-12-00015-CR Cooks, Jerry Glenn v. The State of Texas

Before Justices Bridges, O’Neill, and Fillmore

Opinion By Justice Bridges

In 2005, Jerry Glenn Cooks was convicted of possession with intent to deliver cocaine in an amount of one gram or more but less than four grams, and sentenced to twenty-five years’ imprisonment. The jury made an affirmative finding that appellant used or exhibited a deadly weapon during the commission of the offense. The conviction was affirmed. See Cooks v. State, No. 05-03-01128-CR (Tex. App.-Dallas Apr. 21, 2005, pet. ref’d) (not designated for publication). In 2011, appellant filed a motion in the trial court seeking to have his judgment modified to delete the deadly weapon finding. The trial court denied appellant’s motion on July 11, 2011. On January 5, 2012, appellant filed a “motion for out of time notice of appeal,” and a notice of appeal challenging the trial court’s denial of the motion to modify the judgment. The January 5, 2012 notice of appeal is untimely as to the July 11, 2011 order, see Tex. R. App. P. 26.2(a)(1), and this Court has no authority to grant appellant an out-of-time appeal. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West Supp. 2011); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (Texas Court of Criminal Appeals only court with jurisdiction in final post-conviction felony proceedings).
We dismiss the appeal for want of jurisdiction.
Do Not Publish
Tex. R. App. P. 47

File Date[01/27/2012]
File Name[120015F]
File Locator[01/27/2012-120015F]

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Opinion on the court’s website

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