Opinion issued June 24, 2025
In The
Court of Appeals For The
First District of Texas ———————————— NO. 01-25-00199-CR NO. 01-25-00200-CR ——————————— JAMIE LYNNE MOSBY WILLIAMS, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Case Nos. 05-DCR-042828 & 05-DCR-042888
MEMORANDUM OPINION
In 2007, appellant Jamie Lynne Mosby Williams was convicted of capital murder and serious bodily injury to a child by omission. Punishment for both offenses was assessed at life imprisonment. Appellant appealed both convictions, and our Court affirmed. See Williams v. State, 294 S.W.3d 674 (Tex. App.—Houston *2 [1st Dist.] 2009, pet. ref’d). The mandate affirming the trial court’s judgments of conviction was issued on November 17, 2009.
On March 21, 2025, appellant filed a pro se notice of appeal seeking to once again appeal her convictions. We dismiss the appeals. Appellant has already appealed her convictions, and mandate has issued. She is not entitled to a second appeal of these convictions. See Hines v. State, 70 S.W. 955, 957 (Tex. Crim. App. 1902) (“[O]nly one appeal can be made from a verdict and judgment of conviction in any case.”).
Even if appellant could seek a second appeal, the notice of appeal was untimely filed over seventeen years after her convictions. See TEX. R. APP. P 26.2(a)(1) (“notice of appeal must be filed . . . within 30 days after the sentence is imposed or suspended in open court”); TEX. R. APP. P. 26.2(a)(2) (“notice of appeal must be filed within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial.”). This Court does not have jurisdiction to grant an out-of-time appeal; only the Court of Criminal Appeals has jurisdiction to grant an out-of-time appeal. Coleman v. State, No. 03-11-00648-CR, 2011 WL 6118604, at *1 (Tex. App.—Austin Dec. 8, 2011, no pet.) (mem. op., not designated for publication); see TEX. CODE CRIM. PROC. art. 11.07, § 5 (vesting complete jurisdiction over post-conviction relief from final felony convictions in Court of Criminal Appeals); Fletcher v. State, 214 S.W.3d 5, 6 (Tex. Crim. App. *3 2007) (recognizing well-settled law that appealed conviction is “a final conviction” when conviction is affirmed by appellate court and that court’s mandate of affirmance becomes final); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (affirming that Court of Criminal Appeals is “the only court with jurisdiction in final post-conviction felony proceedings.”).
This Court lacks jurisdiction to consider a second appeal from appellant’s final convictions or to grant an out-of-time appeal. See Coleman, 2011 WL 6118604, at *1. Accordingly, we dismiss these appeals for want of jurisdiction. See, e.g., McDonald v. State, 401 S.W.3d 360, 361–63 (Tex. App.—Amarillo 2013, pet. ref'd) (dismissing for want of jurisdiction defendant’s subsequent appeal of conviction that had previously been affirmed); Bartee v. State, No. 10-07-00150-CR, 2007 WL 1559219, at *1 & n.1 (Tex. App.—Waco May 30, 2007, no pet.) (mem. op., not designated for publication) (dismissing appeal for want of jurisdiction because intermediate appellate court did not have jurisdiction to grant out-of-time appeal).
PER CURIAM
Panel consists of Chief Justice Adams and Justices Caughey and Johnson. Do not publish. TEX. R. APP. P. 47.2(b).