Opinion
NO. 01-19-00663-CRNO. 01-19-00664-CR
04-13-2021
GARRISON CHRISTOPHER MCCOY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court Harris County, Texas
Trial Court Case Nos. 1397913, 1397912
MEMORANDUM OPINION
On September 12, 2013, a jury found appellant, Garrison Christopher McCoy, guilty of the felony offense of robbery., The jury sentenced appellant to forty-eight years' confinement in the Texas Department of Criminal Justice. The case was appealed to the First Court of Appeals, which affirmed the judgment of the trial court.
See TEX. PENAL CODE. § 29.02.
The underlying case is The State of Texas v. Garrison Christopher McCoy, Cause Number 1397913, pending in the 230th District Court of Harris County, Texas, the Honorable Chris Morton presiding.
See McCoy v. State, No. 01-13-00824-CR, 2014 WL 5310626 (Tex. App.—Houston [1st Dist.] Oct. 16, 2014, pet. dism'd) (mem. op., not designated for publication).
On August 27, 2019, appellant, incarcerated and acting pro se, filed a motion for leave to file an out-of-time appeal, seeking to challenge the 2013 final conviction. We lack jurisdiction to consider a second appeal of a final conviction. "The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to Texas Code of Criminal Procedure 11.07." Hosea v. State, No. 01-11-01050-CR, 2012 WL 2345351, *1 (Tex. App.—Houston [1st Dist.] June 21, 2012, no pet.) (mem. op., not designated for publication); see also Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996).
Appellant also appealed a companion case in which he was charged with robbery. The trial court dismissed the indictment in that case. Therefore, we lack jurisdiction to consider that appeal. See Bohannan v. State, 352 S.W.3d 47, 48 (Tex. App.—Fort Worth 2011, pet. ref'd) ("[A]n order dismissing a charging instrument is not an appealable order for purposes of [Texas Rule of Appellate Procedure] 25.2(a)(2) if a defendant brings the appeal.") (citing Petty v. State, 800 S.W.2d 582, 583-84 (Tex. App.—Tyler 1990, no pet.)).
The underlying case is The State of Texas v. Garrison Christopher McCoy, Cause Number 1397912, pending in the 230th District Court of Harris County, Texas, the Honorable Chris Morton presiding. --------
We lift our February 9, 2021 abatement orders, reinstate the appeals, and dismiss the appeals for want of jurisdiction. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM Panel consists of Justices Countiss, Rivas-Molloy, and Guerra. Do not publish. TEX. R. APP. P. 47.2(b).