Eugene Allen v. State

• Court: Court of Appeals of Texas
• Decided: October 28, 1998
• Docket: 04-98-00738-CR
• Status: Published

Opinion

No. 04-98-00738-CR

Eugene ALLEN, Appellant

v.

The STATE of Texas, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 95-CR-4930 Honorable Susan D. Reed, Judge Presiding

PER CURIAM

Sitting: Tom Rickhoff, Justice

Alma L. López, Justice

Catherine Stone, Justice

Delivered and Filed: October 28, 1998

DISMISSED

Appellant was sentenced on May 9, 1996. He perfected an appeal from the judgment of conviction, and on August 27, 1997, we issued an opinion affirming the judgment as modified. See Allen v. State, 951 S.W.2d 925 (Tex. App.--San Antonio 1997, pet. ref'd). On December 17, 1997, the court of criminal appeals refused appellant's petition for discretionary review. On August 25, 1998, appellant filed a pro se notice of appeal, seeking to appeal the judgment of conviction again. On September 16, 1998, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

Appellant's appointed attorney for the earlier appeal has filed a response offering no basis for this court to exercise jurisdiction over this appeal. Appellant has not responded.

The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. See Charles v. State, 809 S.W.2d 574, 576 (Tex. App.--San Antonio 1991, no pet.). Accordingly, we lack jurisdiction over Allen's appeal, and the appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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