Opinion

Paul Michael Brown v. State

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Dec 6, 2005
Status
Published
Cited by
0 cases

The opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00756-CR

Paul Michael Brown, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT

NO. 953380, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

In August 1995, Paul Michael Brown was convicted of engaging in organized

criminal activity and sentenced to fifty years in prison. In November 2005, Brown filed a “motion

requesting trial court’s permission to seek out-of-time appeal.” The motion was treated as a notice

of appeal and forwarded to this Court. See Tex. R. App. P. 25.2(e).

It is obviously too late to perfect a direct appeal. See Tex. R. App. P. 26.2(a). We

also note that the trial court has certified that this is a plea bargain case and Brown has no right of

appeal. See Tex. R. App. P. 25.2(d). If Brown is entitled to an out-of-time appeal, it must be granted

by the court of criminal appeals in a post-conviction habeas corpus proceeding. See Tex. Code Crim.

Proc. Ann. art. 11.07 (West 2005).

The appeal is dismissed.

__________________________________________

Bea Ann Smith, Justice

Before Justices B. A. Smith, Patterson and Puryear

Dismissed for Want of Jurisdiction

Filed: December 6, 2005

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