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Ex Parte Parker

Court of Appeals of Texas, Third District, Austin
May 27, 2004
No. 03-04-00212-CR (Tex. App. May. 27, 2004)

Opinion

No. 03-04-00212-CR

Filed: May 27, 2004. DO NOT PUBLISH.

Appeal from the District Court of Williamson County, 277th Judicial District, No. 94-036-K277, Honorable Ken Anderson, Judge Presiding. Affirmed.

Before Justices KIDD, B.A. SMITH and PEMBERTON.


MEMORANDUM OPINION


Sidney Earl Parker appeals from the district court's order dismissing his petition for writ of audita querela. By the petition, Parker sought to collaterally attack his 1994 judgment of conviction for attempted murder, for which he was sentenced to twenty years in prison. This conviction was affirmed and is now final. See Parker v. State, No. 03-97-00013-CR (Tex. App.-Austin Dec. 4, 1997, no pet.). In its order, the district court cited this Court's opinion in McBride v. State, 114 S.W.3d 556, 557 (Tex. App.-Austin 2002, no pet.). In that case, we affirmed an order dismissing an audita querela petition seeking to set aside a final criminal conviction. We held that post-conviction habeas corpus is the exclusive procedure for obtaining such relief. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2004). For the reason stated in McBride, we affirm the district court's order dismissing Parker's audita querela petition.


Summaries of

Ex Parte Parker

Court of Appeals of Texas, Third District, Austin
May 27, 2004
No. 03-04-00212-CR (Tex. App. May. 27, 2004)
Case details for

Ex Parte Parker

Case Details

Full title:EX PARTE SIDNEY EARL PARKER

Court:Court of Appeals of Texas, Third District, Austin

Date published: May 27, 2004

Citations

No. 03-04-00212-CR (Tex. App. May. 27, 2004)