Opinion
No. 05-17-01485-CV
01-09-2018
IN RE KEVIN DION HARVEY, Relator
Original Proceeding from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F99-01391-WI
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Fillmore
Relator was convicted on March 31, 2000 of first degree murder and sentenced to 99 years confinement. In this original proceeding, relator asks this Court to reform the judgment by recalculating his parole eligibility date. This proceeding is a collateral attack on a final felony conviction and, therefore, falls within the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
Accordingly, we dismiss this proceeding for want of jurisdiction.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE 171485F.P05