NO. 10-91-049-CV
IN THE
COURT OF APPEALS
FOR THE
TENTH DISTRICT OF TEXAS
AT WACO
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          I. J. MOORE, JR.,
                                                                                            Relator
          v.
          HONORABLE BRYAN CODAY, OFFICIAL COURT
          REPORTER, 40TH DISTRICT COURT, ELLIS
          COUNTY, TEXAS,
                                                                                            Respondent
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Original Proceeding
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MEMORANDUM OPINION
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          We granted leave to file the petition for writ of mandamus to compel the court reporter to prepare the statement of facts in a criminal case pending in this court and set a hearing for April 25, 1991. On April 22, the statement of facts was received and the hearing was postponed so that the attorneys could review the statement of facts.
          After review, the statement of facts was filed as of the date of its reception. We dismiss this proceeding as moot.
                                                                                 PER CURIAM
Before Chief Justice Thomas,
          Justice Cummings and
          Justice Vance
Dismissed
Opinion delivered and filed July 11, 1991
Do not publish
appeal. The date sentence was imposed was April 28, 2010. LeeÂs notice of appeal was filed on October 6, 2010 and was thus untimely. See Tex. R. App. P. 26.2(a)(1) (providing that notice of appeal must be filed within 30 days after date sentence imposed or 30 days after entry of appealable order).
LeeÂs response complains of the trial courtÂs delay in responding to his October 3, 2010 letter and his trial attorneyÂs alleged ineffective assistance. We lack jurisdiction to address these grounds and to grant an out-of-time appeal; that authority belongs exclusively to the Court of Criminal Appeals through a writ of habeas corpus. See Parr v. State, 206 S.W.3d 143, 144-45 (Tex. App.ÂWaco 2006, no pet.). Because LeeÂs notice of appeal is untimely, we lack jurisdiction and dismiss his appeal. LeeÂs motion for appointment of counsel and for a free record is dismissed as moot.
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REX D. DAVIS
Justice
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Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed; motion dismissed as moot
Opinion delivered and filed June 15, 2011
Do not publish
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