Charles William Deforest v. the State of Texas
This text of Charles William Deforest v. the State of Texas (Charles William Deforest v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE TENTH COURT OF APPEALS
No. 10-24-00099-CR
CHARLES WILLIAM DEFOREST, Appellant v.
THE STATE OF TEXAS, Appellee
From the 12th District Court Madison County, Texas Trial Court No. 17-12838
MEMORANDUM OPINION
Appellant, Charles William Deforest, acting pro se, attempts to appeal from a
judgment rendered against him on February 28, 2019. We dismiss for want of
jurisdiction.
Appellant was convicted of engaging in organized criminal activity, enhanced by
two prior convictions. He appealed the conviction, and this Court affirmed. See Deforest
v. State, 10-19-00111-CR, 2021 Tex. App. LEXIS 5397 (Tex. App.—Waco July 7, 2021, pet
ref'd). On April 3, 2024, Appellant filed a new notice of appeal in this Court contending that his sentence is void because relevant law precludes the use of his prior driving while
intoxicated conviction to enhance his sentence. He also asserts he was denied due process
because the record does not show his prior convictions were final. He requests this Court
grant his immediate release.
Appellant's attempt to appeal from a final felony conviction falls within the scope
of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of
Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07. Article 11.07 provides
the exclusive means to challenge his conviction for engaging in organized criminal
activity. See id.; Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex.
Crim. App. 2013) (per curiam). An intermediate court of appeals has no jurisdiction over
post-conviction writs of habeas corpus in felony cases. Padieu, 392 S.W.3d at 117.
Because we have no jurisdiction over what is in effect a post-conviction habeas
corpus proceeding, we dismiss the appeal for want of jurisdiction.1
STEVE SMITH Justice
Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed April 18, 2024 Do not publish [CRPM]
1All pending motions are dismissed as moot. Deforest v. State Page 2
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