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Lopez v. State

State of Texas in the Fourteenth Court of Appeals
Jun 21, 2016
NO. 14-16-00293-CR (Tex. App. Jun. 21, 2016)

Opinion

NO. 14-16-00293-CR

06-21-2016

JOSE C LOPEZ, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 232nd District Court Harris County, Texas
Trial Court Cause No. 932220

MEMORANDUM OPINION

A jury convicted appellant of aggravated sexual assault of a child and assessed punishment at confinement in prison for ninety-nine years. Appellant's conviction was affirmed, and the Court of Criminal Appeals denied appellant's petition for discretionary review. See Lopez v. State, No. 11-03-00250-CV, 2005 WL 1116037 (Tex. App.— Eastland May 12, 2005, pet. ref'd) (not designated for publication).

On February 2, 2016, appellant filed in the trial court a "motion to correct a fundamental error from the trial court." The trial court denied his motion. Appellant filed a notice of appeal regarding the denial on March 14, 2016.

We lack jurisdiction over this attempted appeal. The exclusive post-conviction remedy after final felony convictions in Texas courts is through a writ of habeas corpus returnable to the Texas Court of Criminal Appeals, pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a).

We dismissed an earlier appeal by appellant for the same reason. See Lopez v. State, No. 14-10-00094, 2010 WL 454951, *1 (Tex. App.—Houston [14th Dist.] Feb. 11, 2010, no pet.) (mem. op.) (per curiam) (not designated for publication). --------

Accordingly, we DISMISS this appeal.

PER CURIAM Panel consists Justices Boyce, Christopher, and Jamison.
Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Lopez v. State

State of Texas in the Fourteenth Court of Appeals
Jun 21, 2016
NO. 14-16-00293-CR (Tex. App. Jun. 21, 2016)
Case details for

Lopez v. State

Case Details

Full title:JOSE C LOPEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Jun 21, 2016

Citations

NO. 14-16-00293-CR (Tex. App. Jun. 21, 2016)