Dalton Loyd Williams v. State

Dismissed and Memorandum Opinion filed June 21, 2011. In The Fourteenth Court of Appeals ___________________ NO. 14-11-00240-CR ___________________ DALTON LOYD WILLIAMS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 977683 MEMORANDUM  OPINION This is an attempted appeal from an order signed by the trial court on February 15, 2011, denying appellant’s out-of-time motion for new trial. The record reflects appellant entered a guilty plea to possession of a controlled substance. In accordance with the terms of a plea bargain agreement with the State, the trial court sentenced appellant on February 18, 2004, to confinement for 180 days in the State Jail Division of the Texas Department of Criminal Justice. On January 20, 2011, appellant filed an out-of-time motion for new trial, along with several other motions. On February 15, 2011, the trial court denied all of appellant’s motions. Appellant then filed a notice of appeal “from the final Order denying an out-of-time motion for a new trial.” This appeal followed. Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant from a final judgment of conviction. McKown v. State, 915 S.W.2d 160, 161 (Tex.App.-Fort Worth 1996, no pet.). In filing an appeal from the denial of an out-of-time motion for new trial, appellant attempts to file a post-conviction collateral attack over which this court has no jurisdiction. See Kim v. State, 181 S.W.3d 448, 449 (Tex.App.-Waco 2005, no pet.). Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Chief Justice Hedges and Justices Seymore and Boyce. Do Not Publish C Tex. R. App. P. 47.2(b).