“Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with this Court.”
How later courts described this case
- “Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with this Court.”
- “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.”
- “We are the only court with jurisdiction in final post-conviction felony proceedings.”
Written by the judges who cited it.
The opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00729-CR
Jorge Mendoza, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE 426TH DISTRICT COURT OF BELL COUNTY
NO. 64,862, JUDGE FANCY H. JEZEK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Jorge Mendoza, Jr. seeks to appeal his 2010 final judgments of
conviction on two felony counts of indecency with a child by sexual contact. See Tex. Penal
Code § 22.011. This Court affirmed those convictions in 2013. Mendoza v. State, 03-10-00344-
CR, 2013 Tex. App. LEXIS 6698, at *11 (Tex. App.—Austin May 24, 2013, pet. ref’d)
(mem. op., not designated for publication). Mendoza’s notice of appeal filed October 4, 2019,
states that he is seeking an out-of-time appeal for an “illegal” and “void” conviction.
However, the proper vehicle for seeking an out-of-time appeal is a writ of habeas
corpus from the Texas Court of Criminal Appeals. Portley v. State, 89 S.W.3d 188, 189
(Tex. App.—Texarkana 2002, no pet.); see Tex. Code Crim. Proc. art. 11.07. This Court has no
jurisdiction to grant such habeas-corpus relief from a final felony conviction. See Board of
Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483
(Tex. Crim. App. 1995) (“Jurisdiction to grant post conviction habeas corpus relief on a final
felony conviction rests exclusively with this Court.”); Ater v. Eighth Court of Appeals,
802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (“We are the only court with jurisdiction in final
post-conviction felony proceedings.”); Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App.
1985) (“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.”).
Accordingly, we dismiss the appeal for want of jurisdiction.
__________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: October 17, 2019
Do Not Publish
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