Opinion
No. 05-20-00601-CR
06-16-2020
ALFRED CHARLES GREEN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas
Trial Court Cause No. 366-82982-2011
MEMORANDUM OPINION
Before Justices Schenck, Molberg, and Nowell
Opinion by Justice Schenck
After finding Alfred Charles Green guilty of aggravated assault with a deadly weapon, the jury assessed punishment at twenty-five years in prison. On direct appeal, appellant raised jury charge error and ineffective assistance of counsel. See Green v. State, No. 08-13-00308-CR, 2015 WL 2265084 (Tex. App.—El Paso May 13, 2015, pet. ref'd) (mem. op., not designated for publication). The mandate issued February 14, 2018. Appellant filed a notice of appeal in this Court on June 9, 2020, seeking again to appeal the trial court's September 11, 2013 judgment.
This Court lacks jurisdiction to consider a second appeal from appellant's final conviction. The exclusive post-conviction remedy in final felony convictions in Texas courts is by a writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (providing that "[a]fter conviction, the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner"); Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991). Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995).
Because we lack jurisdiction, we dismiss this appeal.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200601F.U05
JUDGMENT
On Appeal from the 366th Judicial District Court, Collin County, Texas
Trial Court Cause No. 366-82982-2011.
Opinion delivered by Justice Schenck. Justices Molberg and Nowell participating.
Based on the Court's opinion of this date, we DISMISS this appeal. Judgment entered this 16th day of June, 2020.