Carl Douglas Hayes v. State

• Court: Court of Appeals of Texas
• Decided: November 3, 2005
• Docket: 01-05-00857-CR
• Status: Published

Opinion

Opinion to issue November 3, 2005

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00857-CR

CARL DOUGLAS HAYES, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 339th District court

Harris County, Texas

Trial Court Cause No. 392724

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O P I N I O N

          On February 27,1985, a jury found appellant guilty of the offense of aggravated robbery. On July 8, 2005, the trial court assessed his punishment at life in prison and a $10,000 fine. Appellant gave notice of appeal, and the appeal was assigned to this Court.

          On May 8, 1986, we issued an opinion affirming the judgment. Hayes v. State, 709 S.W.2d 780 (Tex. App.—Houston [1st Dist.] 1986, no pet.). Our mandate issued on July 18, 1986.

          On August 18, 2005, appellant filed a second notice of appeal from the same judgment. The appeal was assigned to this Court and given new appellate cause number 01-05-00857-CR.

          Our judgment of February 22, 1986 is final. Exclusive post-conviction jurisdiction of the case has passed to the Texas Court of Criminal Appeals in accordance with article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005).

          Accordingly, we dismiss for lack of jurisdiction.

          Any pending motions are denied as moot.

PER CURIAM

Panel consists of Taft, Keys, and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).