George Mendoza, Jr. v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00714-CR

George Mendoza, Jr., Appellant v.

The State of Texas, Appellee

FROM THE 33RD DISTRICT COURT OF BURNET COUNTY NO. 35,161, JUDGE GUILFORD L. JONES, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant George Mendoza, Jr. seeks to appeal his 2010 final judgments of conviction for the felony offenses of indecency with a child by sexual contact and sexual assault of a child. See Tex. Penal Code §§ 21.11(a)(1), 22.011. Mendoza’s notice of appeal filed October 8, 2019, states that he is seeking an out-of-time appeal for an “illegal” and “void” conviction.

However, the proper vehicle for seeking an out-of-time appeal is a writ of habeas corpus from the Texas Court of Criminal Appeals. Portley v. State, 89 S.W.3d 188, 189 (Tex. App.—Texarkana 2002, no pet.); see Tex. Code Crim. Proc. art. 11.07. This Court has no jurisdiction to grant such habeas-corpus relief from a final felony conviction. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483

(Tex. Crim. App. 1995) (“Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with this Court.”); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (“We are the only court with jurisdiction in final post-conviction felony proceedings.”); Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985) (“It is well established that only the Court of Criminal Appeals possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction.”).

Moreover, the trial court has certified that this is a plea-bargain case, that Mendoza has no right of appeal, and that Mendoza has waived the right of appeal. See Tex. R. App. P. 25.2(a)(2), (d).

Accordingly, we dismiss the appeal for want of jurisdiction.

__________________________________________

Jeff Rose, Chief Justice

Before Chief Justice Rose, Justices Triana and Smith Dismissed for Want of Jurisdiction Filed: October 17, 2019 Do Not Publish