Opinion
No. 01-09-00965-CR
Opinion issued December 3, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause No. 429308.
Panel consists of Justices JENNINGS, HIGLEY, and HANKS.
MEMORANDUM OPINION
We lack jurisdiction to hear this appeal. Appellant, Devin Ray Price, was convicted by a jury of the offense of aggravated sexual assault of a child in trial court cause number 429308. The jury assessed his punishment at confinement for 20 years. The trial court sentenced appellant on May 1, 1987. Appellant filed a notice of appeal, and the appeal was assigned to this Court as 01-87-00348-CR. On November 3, 1988, this Court issued an opinion affirming the judgment of the trial court. Price v. State, 1988 WL 117145 (Tex. App.-Houston [1st Dist.] Nov. 3, 1988, pet. ref'd) (not designated for publication). Our mandate issued on August 29, 1989. On January 9, 2009, appellant filed a pro se document that seeks post-conviction relief in trial court cause number 429308. Because appellant asks this Court to reverse or revise his 1987 conviction and sentence, we construe the document as a motion for out-of-time appeal. This Court's judgment of August 29, 1989 is final. Neither the trial court nor this Court has authority to grant an out-of time-appeal. Even if we were to construe appellant's document as a writ of habeas corpus, this Court would not have jurisdiction. The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2009); Ater v. Eight Court of Appeals, 802 S.W. 2d 241 Tex. Crim. App. 1991. Jurisdiction of this case has passed to the Texas Court of Criminal Appeals. Accordingly, we dismiss for lack of jurisdiction.