Dismiss and Opinion Filed September 11, 2013
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01119-CR
No. 05-13-01120-CR
No. 05-13-01121-CR
No. 05-13-01122-CR
TROY LEE PERKINS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F07-00645-S, F07-71769-S, F07-71970-S, F07-71990-S
MEMORANDUM OPINION
Before Justices FitzGerald, Francis, and Myers
Opinion by Justice FitzGerald
Troy Lee Perkins pleaded guilty to four aggravated robbery offenses. Pursuant to plea
agreements, punishment in each case was assessed at twelve years’ imprisonment. The
sentences were imposed in open court on January 7, 2008. Appellant did not appeal his
convictions at the time. The Court now has before it appellant’s August 14, 2013 pro se
“premature notice of appeal” stating that on August 5, 2013, he filed an application for post-
conviction writ of habeas corpus seeking out-of-time appeals of these cases. In the notice of
appeal, appellant asks that we “take notice of appeal” and order the trial court to appoint counsel
to represent appellant in his out-of-time appeals.
“Jurisdiction concerns the power of a court to hear and determine a case.” Olivo v. State,
918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The jurisdiction of an appellate court must be
legally invoked, and if not, the power of the court to act is as absent as if it did not exist. See id.
As a general rule, an appellate court may consider appeals by criminal defendants only after
conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.––Dallas 1998, no pet.). A court of
appeals has no jurisdiction over an appeal absent a written judgment or an appealable order. See
Gutierrez v. State, 307 S.W.3d 318, 321 (Tex. Crim. App. 2010); Nikrasch v. State, 698 S.W.2d
443, 450 (Tex. App.––Dallas 1985, no pet.).
Appellant’s August 14, 2013 notice of appeal is untimely as to the January 7, 2008
sentences in these cases. See TEX. R. APP. P. 26.2(a)(1); Slaton v. State, 981 S.W.2d 208, 210
(Tex. Crim. App. 1998) (per curiam). Moreover, the Court has received nothing from the Texas
Court of Criminal Appeals stating appellant has been granted out-of-time appeals, and this Court
has no authority to grant appellant out-of-time appeals.
Accordingly, we dismiss the appeals for want of jurisdiction.
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131119F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District
Court, Dallas County, Texas
No. 05-13-01119-CR V. Trial Court Cause No. F07-00645-S.
Opinion delivered by Justice FitzGerald.
THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered September 11, 2013
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
–3–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District
Court, Dallas County, Texas
No. 05-13-01120-CR V. Trial Court Cause No. F07-71769-S.
Opinion delivered by Justice FitzGerald.
THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered September 11, 2013
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District
Court, Dallas County, Texas
No. 05-13-01121-CR V. Trial Court Cause No. F07-71970-S.
Opinion delivered by Justice FitzGerald.
THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered September 11, 2013
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
–5–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TROY LEE PERKINS, Appellant On Appeal from the 282nd Judicial District
Court, Dallas County, Texas
No. 05-13-01122-CR V. Trial Court Cause No. F07-71990-S.
Opinion delivered by Justice FitzGerald.
THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered September 11, 2013
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
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