Opinion
No. 05-19-00596-CV
06-03-2019
IN RE REGINALD ARLEIGH NOBLE, Relator
Original Proceeding from the Criminal District Court No. 4 Dallas County, Texas
Trial Court Cause No. F-0050025
MEMORANDUM OPINION
Before Justices Brown, Schenck, and Reichek
Opinion by Justice Brown
Before the Court is relator Reginald Arleigh Noble's May 21, 2019 petition for writ of mandamus. Relator was convicted of aggravated sexual assault of a child and sentenced to life in prison. His conviction was affirmed on direct appeal. Noble v. State, No. 08-01-00035-CR, 2002 WL 221886 (Tex. App.—El Paso Feb. 4, 2002, pet. ref'd) (not designated for publication). In this original proceeding, relator complains that the trial court denied his request for article 11.01 and article 11.07 writ of habeas corpus relief and asks this Court to grant him a new trial.
This proceeding is a collateral attack on a final 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. "It is well established that only the Court of Criminal Appeals possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction." Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117-18 (Tex. Crim. App. 2013) (quoting Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985) and citing TEX. CODE CRIM. PROC. art. 11.07 § 5); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). "Article 11.07 contains no role for the courts of appeals; the only courts referred to are the convicting court and the Court of Criminal Appeals." In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we dismiss this proceeding for want of jurisdiction.
/Ada Brown/
ADA BROWN
JUSTICE 190596F.P05