Opinion filed April 28, 2011
In The
Eleventh Court of Appeals
__________
No. 11-11-00087-CR
__________
RICKY D. HOWELL, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 244th District Court
Ector County, Texas
Trial Court Cause No. C-26,251
MEMORANDUM OPINION
Ricky D. Howell was convicted as a repeat offender of the offenses of burglary of a
habitation and aggravated sexual assault. He was sentenced to a term of confinement for fifty
years in 1999. On March 18, 2011, Howell filed a notice of appeal from the trial court’s denial
of a motion to set aside and vacate the judgment and sentence as void. We notified Howell by
letter that it did not appear that this court had jurisdiction in this matter, and we requested that
Howell file a response showing grounds to continue the appeal.
Howell has filed a response urging that the trial court lacked jurisdiction to convict and
sentence him. Howell explained in his response that he is intentionally pursuing relief under
TEX. R. CIV. P. 329b(f), (g) rather than seeking relief through a post-conviction writ of habeas
corpus under TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2010). Howell’s reliance
on the Rules of Civil Procedure is misplaced. The trial court’s denial of Howell’s untimely
motion to set aside the judgment is not an appealable order, and this court has no jurisdiction to
entertain an appeal from that order.
The appeal is dismissed for want of jurisdiction.
PER CURIAM
April 28, 2011
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel1 consists of: Wright, C.J.,
McCall, J., and Hill, J.2
1
Rick Strange, Justice, resigned effective April 17, 2011. The justice position is vacant pending appointment of a
successor by the governor.
2
John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.
2