Andrew Walter Pettis, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: December 4, 2024
• Docket: 07-24-00360-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00360-CR

ANDREW WALTER PETTIS, JR., APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 66,617-E, Honorable Douglas R. Woodburn, Presiding

December 4, 2024 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

In 2013, Appellant, Andrew Walter Pettis, Jr., was convicted of robbery1 and

sentenced to twenty-five years of confinement. His conviction was affirmed on direct

appeal, and mandate issued. See Pettis v. State, No. 07-13-00183-CR, 2015 Tex. App.

LEXIS 1768, at *7 (Tex. App.—Amarillo Feb. 24, 2015, no pet.) (mem. op., not designated

1 See TEX. PENAL CODE ANN. § 29.02(a)(1). for publication); see also TEX. R. APP. P. 19.1(a) (concerning the expiration of an appellate

court’s plenary power).

On November 12, 2024, Appellant filed a new notice of appeal challenging the

same robbery conviction. Because this Court lacks jurisdiction to consider a second

appeal from Appellant’s conviction, we dismiss the appeal for want of jurisdiction. See

Coleman v. State, No. 03-11-00648-CR, 2011 Tex. App. LEXIS 9653, at *2 (Tex. App.—

Austin Dec. 8, 2011, no pet.) (mem. op., not designated for publication) (holding that a

defendant is not entitled to a second appeal from the same conviction).

The appeal is dismissed.2

Per Curiam

Do not publish.

2 The exclusive post-conviction remedy in final felony convictions in Texas courts is through an

application for writ of habeas corpus returnable to the Court of Criminal Appeals pursuant to article 11.07 of the Code of Criminal Procedure. 2