Alex Melvin Wade, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: October 17, 2013
• Docket: 14-13-00876-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 17, 2013

In The

Fourteenth Court of Appeals

NO. 14-13-00876-CR

ALEX MELVIN WADE, JR., Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court Harris County, Texas Trial Court Cause No. 285866

MEMORANDUM OPINION

Appellant Alex Melvin Wade, Jr. filed a “petition for writ of error coram nobis” in the district court, challenging the validity of the court’s 1978 judgment finding appellant guilty of the offense of theft. The district court denied appellant’s petition and appellant has filed a pro se notice of appeal from that order.

The purpose of the writ of error coram nobis is to bring before the court rendering the judgment matters of fact which, if known at the time the judgment was rendered, would have prevented its rendition. Ex parte McKenzie, 115 Tex. Crim. 315, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930). The Court of Criminal Appeals of Texas has long held that the writ has no application in this State. See Ex parte Massey, 157 Tex. Crim. 491, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952).

Even if the motion could be construed as a request for habeas corpus relief, however, this court would not have jurisdiction to consider this appeal. Only the Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from a final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also Tex. Code Crim. Proc. Ann. art. 11.07; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that article11.07 provides the exclusive means to challenge a final felony conviction).

Accordingly, we dismiss the appeal for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Boyce and Jamison. Do Not Publish C Tex. R. App. P. 47.2(b)