DISMISSED; Opinion Filed August 9, 2016.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00896-CR
No. 05-16-00897-CR
No. 05-16-00898-CR
No. 05-16-00899-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 Myers, Stoddart, and Whitehill
Opinion by Justice Myers
Troy Lee Perkins pleaded guilty to four aggravated robbery offenses. In accordance with
his plea agreements with the State, he was sentenced to twelve years in prison in each case. The
sentences were imposed in open court in January 2008, and appellant did not timely appeal his
convictions. The Court has before it appellant’s July 29, 2016 “pro se original motion for appeal
of ‘bill of review’ in the 282nd Judicial District Court” in which appellant attempts to assert his
convictions are void. We conclude we lack jurisdiction over these 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.
at 523. “The standard to determine whether an appellate court has jurisdiction to hear and
determine a case ‘is not whether the appeal is precluded by law, but whether the appeal is
authorized by law.’” Blanton v. State, 369 S.W.3d 894, 902 (Tex. Crim. App. 2012) (quoting
Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008)). The right to appeal in a
criminal case is a statutorily created right. See McKinney v. State, 207 S.W.3d 366, 374 (Tex.
Crim. App. 2006); Griffin v. State, 145 S.W.3d 645, 646 (Tex. Crim. App. 2004). See also TEX.
CODE CRIM. PROC. ANN. art. 44.02 (West 2006) (providing right of appeal for defendant); TEX.
R. APP. P. 25.2(a)(2) (rules for appeal by defendant).
Appellate courts may consider appeals by criminal defendants only after conviction or the
entry of an appealable order. See Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas
1998, no pet.). A bill of review is an equitable proceeding and an independent cause of action to
set aside a civil judgment that is no longer appealable or subject to challenge. See Wembley Inv.
Co. v. Herrera, 11 S.W.3d 924, 926–27 (Tex. 1999). See also TEX. R. CIV. P. 329b(f). A bill of
review has no application in a criminal proceeding; it is not a proper procedure for challenging a
criminal conviction, nor is it a final judgment in a criminal case that would give a court of
appeals jurisdiction. McLean v. State, 171 S.W.2d 889, 890 (Tex. Crim. App. 1943).
Because the notices of appeal filed by appellant are from the denial of bills of review in
which he sought to challenge each of his four convictions, we have no jurisdiction to consider
these appeals. See Collins v. State, 257 S.W.3d 816, 817 (Tex. App.—Texarkana 2008, no pet.).
We dismiss these appeals for want of jurisdiction.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
160896F.P05
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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. 05-16-00896-CR V. Trial Court Cause No. F07-00645-S.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Stoddart and Whitehill participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 9th day of August, 2016.
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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. 05-16-00897-CR V. Trial Court Cause No. F07-71769-S.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Stoddart and Whitehill participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 9th day of August, 2016.
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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. 05-16-00898-CR V. Trial Court Cause No. F07-71970-S.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Stoddart and Whitehill participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 9th day of August, 2016.
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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. 05-16-00899-CR V. Trial Court Cause No. F07-71990-S.
Opinion delivered by Justice Myers, Justices
THE STATE OF TEXAS, Appellee Stoddart and Whitehill participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered this 9th day of August, 2016.
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