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In re Noble

Court of Appeals Fifth District of Texas at Dallas
Jun 3, 2019
No. 05-19-00596-CV (Tex. App. Jun. 3, 2019)

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


Summaries of

In re Noble

Court of Appeals Fifth District of Texas at Dallas
Jun 3, 2019
No. 05-19-00596-CV (Tex. App. Jun. 3, 2019)
Case details for

In re Noble

Case Details

Full title:IN RE REGINALD ARLEIGH NOBLE, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 3, 2019

Citations

No. 05-19-00596-CV (Tex. App. Jun. 3, 2019)