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Ex parte Wiley

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 14, 2018
No. 10-18-00034-CR (Tex. App. Feb. 14, 2018)

Opinion

No. 10-18-00034-CR

02-14-2018

EX PARTE SAM WILEY, JR.


From the 54th District Court McLennan County, Texas
Trial Court No. 2012-381-C2

MEMORANDUM OPINION

We affirmed Sam Wiley, Jr.'s conviction in trial court cause number 2012-381-C2 on August 28, 2014, Wiley v. State, No. 10-14-00018-CR, 2014 WL 4385765, at *1 (Tex. App.—Waco Aug. 28, 2014, no pet.) (mem. op., not designated for publication), and mandate issued on January 5, 2015. Wiley has now filed a document requesting "leave of court to file a 'writ of error'" in which he prays that this Court reverse his judgment of conviction in trial court cause number 2012-381-C2.

The Court of Criminal Appeals and this Court have recognized that "the exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to [Code of Criminal Procedure article] 11.07." Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996); see TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015); Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex. App.—Waco 2006, no pet.). Moreover, only the Court of Criminal Appeals has jurisdiction to grant post-conviction habeas corpus in felony cases. See Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (orig. proceeding); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).

Accordingly, we dismiss this appeal for want of jurisdiction.

REX D. DAVIS

Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Dismissed
Opinion delivered and filed February 14, 2018
Do not publish
[CR25]


Summaries of

Ex parte Wiley

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Feb 14, 2018
No. 10-18-00034-CR (Tex. App. Feb. 14, 2018)
Case details for

Ex parte Wiley

Case Details

Full title:EX PARTE SAM WILEY, JR.

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Feb 14, 2018

Citations

No. 10-18-00034-CR (Tex. App. Feb. 14, 2018)