LEONARD ANDRE WATKINS v. THE STATE OF TEXAS

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Court of Appeals of Texas, Houston (14th Dist.).

LEONARD ANDRE WATKINS, Appellant v. THE STATE OF TEXAS, Appellee

NO. 14-17-00962-CR

Decided: December 21, 2017

Panel consists of Justices Boyce, Jamison, and Brown.

MEMORANDUM OPINION

On May 21, 2009, appellant Leonard Andre Watkins was convicted of delivery of less than one gram of cocaine and sentenced to six years' imprisonment. He filed a motion for new trial and appealed his conviction to this court, which we affirmed on April 1, 2010. See Watkins v. State, No. 14-09-00488-CR, 2010 WL 1236326 (Tex. App.—Houston [14th Dist.] April 1, 2010, no pet.) (mem. op.) (per curiam) (not designated for publication). No motion for rehearing was filed. As a result, our plenary power expired sixty days after our judgment was issued. See Tex. R. App. P. 19.1(a).

On December 4, 2017, appellant filed another notice of appeal from his 2009 conviction. Handwritten on the notice of appeal is, “I found a major factor in my old case.”

We lack jurisdiction because appellant is not entitled to a second direct appeal from his 2009 judgment. See McDonald v. State, 401 S.W.3d 360, 362–63 (Tex. App.—Amarillo 2013, pet. ref'd) (dismissing third direct appeal for lack of jurisdiction); Agbeze v. State, No. 01-16-00739-CR, 2017 WL 1738099, at *1 (Tex. App.—Houston [1st Dist.] May 4, 2017, no pet.) (mem. op.) (per curiam) (not designated for publication) (dismissing second direct appeal for lack of jurisdiction); 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) (dismissing second direct appeal for lack of jurisdiction).

We dismiss the appeal for lack of jurisdiction.

PER CURIAM