Opinion issued August 13 , 2015 .

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 14 - 00728 - CR

——————————— KENNETH RAY MCCLAIN , Appellant V. THE STATE OF TEXAS , Appellee
On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Ca se No. 13 - DCR - 062739


### MEMORANDUM OPINION Appellant, Kenneth Ray McClain , attempts to appeal from a December 6, 2013 judgment nunc pro tunc . We dismiss the appeal for want of jurisdiction.2 Pursuant to an agreement with the State that punishment be capped at confinement for ten years , appellant pleaded guilty to the offense of aggravated assault with a deadly weapon

. 1 On October 14, 2013 , the trial court signed a judgment of conviction for the third

- degree felony offense of assault with a deadly weapon and assessed appellant’s punishment at confinement for two years . On December 6 , 2013, the trial court signed a judgment nunc pro tunc, modifyin g and reforming the October 14, 2013 judgment to reflect a conviction for the second

- degree felony offense of aggravated assault with a deadly weapon and a finding of the use of a deadly weapon, to wit, a knife. The judgment nunc pro tunc stated that the remainder of the October 14, 2013 judgment and sentence remained in effect and was incorporated in the December 6 , 2013 judgment nunc pro tunc . On August 25 , 2014, appellant filed a pro se n otice of a ppeal, seekin g an out
- of

time appeal. We lack jurisdiction over appellant’s attempted appeal. We cannot exercise jurisdiction over an appeal without a timely filed notice of appeal. See T EX . R. A PP . P. 26.2(a); see also Slaton v. State , 981 S.W.2d 208, 210 (Tex. Crim . App. 1998); Olivo v. State , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). The time for perfecting an appeal from a judgment nunc pro tunc runs from the date of that judgment. See Blanton v. State , 369 S.W.3d 894, 904 (Tex. Crim. App. 2012).

1 See T EX . P ENAL C ODE A NN . § 22.02 ( West 2011 ).3 Here , the trial court signed the judgment nunc pro tunc on December 6, 2013

. Appellant’s notice of appeal, filed on August 25, 2014 , w as untimely. Further, only the Texas Court of Criminal Appeals has jurisdiction in final post
- conviction felony proceedings, which are governed by Article 11.07 of the Texas Code of Criminal Procedure. See T EX . C ODE C RIM . P ROC . A NN . art. 11.07 ( West Supp. 2014); see al so Padieu v. C t. App
. of Tex., Fifth Dist. , 392 S.W.3d 115, 117

– 18 (Tex. Crim. App. 2013) (citing T EX . C ODE C RIM . P ROC . A NN . art. 11.07 ( West Supp. 2014); Ex parte Alexander , 685 S.W.2d 57, 60 (Tex. Crim. App. 1985)); Olivo , 918 S.W.2d at 525 n.8. “ Courts of appeals have no jurisdiction over post
- conviction writs of habeas corpus in felony cases. Article 11.07 contains no role for the courts of appeals.” In re Briscoe , 230 S.W.3d 196, 196 (Tex. App.

— Houston [14th Dist.] 2006, orig. proceeding) (internal cit ations omitted). W e have no jurisdiction over his appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See T EX . R. A PP . P. 43.2(f). We dismiss all pending motions as moot.

PER CURIAM
Panel consists of Justice s Keyes, Huddle, and Lloyd. Do not publish. T EX . R. A PP . P. 47.2( b).