Opinion
No. 11-21-00009-CR
01-22-2021
IN RE ELMO FORTENBERRY
Original Proceeding
MEMORANDUM OPINION
Elmo Fortenberry, proceeding pro se, has filed a motion for leave to file a writ of error. In the attached writ of error, Fortenberry complains that unethical conduct by the prosecutor during proceedings related to Fortenberry's application for writ of habeas corpus requires that the application be reviewed "in a different light." Fortenberry also complains about error in the underlying trial. Fortenberry requests that we reverse the criminal conviction.
It appears that the substance of the relief sought by Fortenberry is postconviction relief from a final felony conviction—relief for which the habeas corpus procedure set out in Article 11.07 of the Code of Criminal Procedure provides the exclusive remedy. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Article 11.07 vests complete jurisdiction for such relief in the Texas Court of Criminal Appeals. Id. art. 11.07, §§ 3, 5; Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 484 (Tex. Crim. App. 1995) (orig. proceeding); Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993).
We dismiss this proceeding for want of jurisdiction.
PER CURIAM January 22, 2021 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.