IN THE
TENTH COURT OF APPEALS
No. 10-08-00287-CR
TONY LEE JOHNSON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2006-1683-C2
MEMORANDUM OPINION
Tony Lee Johnson seeks to appeal from the trial court’s denial of his motion to
withdraw his guilty plea to capital murder. Johnson was sentenced to life without
parole on February 14, 2008, and the trial court apparently gave Johnson permission to
appeal the motion to withdraw’s denial, but Johnson’s notice of appeal was not filed
until August 7, 2008. 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).
The Clerk of this Court warned Johnson that his appeal might be dismissed
because his notice of appeal was not timely filed unless, within 21 days, a response was
filed showing grounds for continuing the appeal. Johnson’s response essentially
requests an out-of-time appeal. We lack jurisdiction 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.—Waco 2006, no pet.).
Because Johnson’s notice of appeal is untimely, we lack jurisdiction and dismiss his
appeal.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed October 1, 2008
Do not publish
[CRPM]
Johnson v. State Page 2