From Casetext: Smarter Legal Research

In re Harvey

Court of Appeals Fifth District of Texas at Dallas
Jan 9, 2018
No. 05-17-01485-CV (Tex. App. Jan. 9, 2018)

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


Summaries of

In re Harvey

Court of Appeals Fifth District of Texas at Dallas
Jan 9, 2018
No. 05-17-01485-CV (Tex. App. Jan. 9, 2018)
Case details for

In re Harvey

Case Details

Full title:IN RE KEVIN DION HARVEY, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 9, 2018

Citations

No. 05-17-01485-CV (Tex. App. Jan. 9, 2018)