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Alvin Eugene Hines v. State
Citation: Not availableDocket: 12-17-00198-CR
Court: Court of Appeals of Texas; July 31, 2017; Texas; State Appellate Court
Original Court Document: View Document
Alvin Eugene Hines was convicted of murder in 2013 and sentenced to sixty years in prison. His initial appeal was dismissed due to an untimely filed notice of appeal. In 2015, the Court of Criminal Appeals denied him habeas relief. Hines filed a second notice of appeal on June 21, 2017, but the Court of Appeals notified him that there was no jurisdiction because there was no new final judgment or appealable order. Hines argued that the appellate court had jurisdiction under Article 4.03 of the Texas Code of Criminal Procedure. However, the court explained that the notice of appeal must be filed within specific time limits, which had expired in his case. The court emphasized that only the Court of Criminal Appeals could grant an out-of-time appeal. As Hines had not received permission from that court, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal for want of jurisdiction. The decision was delivered per curiam on July 31, 2017, and the dismissal was officially ordered and certified to the lower court.