Opinion issued March 10, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00085-CR
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EX PARTE TIMOTHY DAVID CHATMON, Appellant
On Appeal from the 268th District Court
Fort Bend County, Texas
Trial Court Cause No. 12-DCR-061412
MEMORANDUM OPINION
Appellant, Timothy David Chatmon, proceeding pro se and incarcerated,
was convicted of the first-degree felony offense of injury to a child in 2013. See
TEX. PENAL CODE ANN. §§ 22.04(a)(1), (e) (West Supp. 2014). We dismissed
appellant’s direct appeal of the trial court’s judgment, which sentenced appellant to
15 years in prison in accordance with his plea agreement, on August 1, 2013, for
want of jurisdiction because he waived his right to appeal. See Chatmon v. State,
No. 01-13-00557-CR, 2013 WL 3968465, at *1 (Tex. App.—Houston [1st Dist.]
Aug. 1, 2013, no pet.) (mem. op., not designated for publication). Our mandate
issued on October 28, 2013.
On January 10, 2015, appellant attempted to appeal from the trial court’s
December 10, 2014 findings of fact and conclusions of law, recommendation and
order denying his post-conviction application for a writ of habeas corpus, filed
pursuant to Article 11.07 of the Texas Code of Criminal Procedure.1 After denying
appellant’s habeas application on December 10, 2014, the trial court forwarded the
order and appellant’s application papers to the Texas Court of Criminal Appeals,
which denied his application without a written order on January 7, 2015. See Ex
parte Chatmon, WR-80,386-02 (Tex. Crim. App. Jan. 7, 2015).
In any event, we lack jurisdiction over this attempted appeal. Only the
Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony
proceedings, which are governed by Article 11.07 of the Code of Criminal
Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2014); Olivo
1
Under the prisoner mailbox rule, appellant’s notice of appeal was deemed
filed on January 10, 2015, the date he certified it was forwarded to be mailed
to the trial clerk. See Taylor v. State, 424 S.W.3d 39, 43-44 (Tex. Crim.
App. 2014); Campbell v. State, 320 S.W.3d 338, 344 (Tex. Crim. App.
2010). Although appellant’s notice of appeal was file-stamped by the trial
clerk on January 20, 2015, that was timely filed because it was within 10
days of his January 9, 2015 deadline to appeal from the trial court’s order.
See TEX. R. APP. P. 4.1(a), 9.2(b)(1)(A), 25.2(b), (c)(1), 26.2(a)(1).
2
v. State, 918 S.W.2d 519, 525 n. 8 (Tex. Crim. App. 1996); Bd. of Pardons &
Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483
(Tex. Crim. App. 1995); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston
[1st Dist.] 2001, orig. proceeding). “Courts of appeals have no jurisdiction over
post-conviction writs of habeas corpus in felony cases. Article 11.07 contains no
role for the courts of appeals.” In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.—
Houston [1st Dist.] 2006, orig. proceeding) (internal citations omitted). Because
appellant’s felony conviction became final on October 28, 2013, even if the Texas
Court of Criminal Appeals had not already denied it, we have no jurisdiction over
this appeal.
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justice Keyes, Bland, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
3
Ex Parte Timothy David Chatmon
Combined Opinion