Opinion
NO. 01-12-00028-CR
03-08-2012
PATRICK JAMAL LIVING, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Cause No. 1151200
MEMORANDUM OPINION
Appellant, Patrick Jamal Living, attempts a second appeal of his May 13, 2009 conviction for aggravated assault. This Court previously affirmed the judgment of the trial court. See Living v. State, No. 01-09-00446-CR, 2010 WL 1948343 (Tex. App.—Hous. [1 Dist.] (May 13, 2010), pet. ref'd.).
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 through a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West Supp. 2010) (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).
Accordingly, because we lack jurisdiction over the appeal, we dismiss. See TEX. R. APP. P. 25.2(d), 42.3(a), 43.2(f). We dismiss all pending motions as moot.
PER CURIAM Panel consists of Justices Keyes, Bland, and Sharp. Do not publish. TEX. R. APP. P. 47.2(b).