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Maxie v. State

Court of Appeals For The First District of Texas
Feb 23, 2012
NO. 01-11-01113-CR (Tex. App. Feb. 23, 2012)

Opinion

NO. 01-11-01113-CR

02-23-2012

LORETTA MARIE MAXIE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 975461


MEMORANDUM OPINION

Appellant, Loretta Marie Maxie, attempts a second appeal of her May 10, 2004 conviction for aggravated sexual assault of a child. This Court previously affirmed the judgment of the trial court. See Maxie v. State, No. 01-04-00524-CR, 2005 WL 2850228 (Tex. App.—Hous. [1 Dist.] (Oct. 27, 2005), 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 Chief Justice Radack and Justices Higley and Brown. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Maxie v. State

Court of Appeals For The First District of Texas
Feb 23, 2012
NO. 01-11-01113-CR (Tex. App. Feb. 23, 2012)
Case details for

Maxie v. State

Case Details

Full title:LORETTA MARIE MAXIE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Feb 23, 2012

Citations

NO. 01-11-01113-CR (Tex. App. Feb. 23, 2012)