in Re: Lowell DeQuincy Green

Opinion

Dismissed and Opinion Filed September 4, 2018

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00973-CV

IN RE LOWELL DEQUINCY GREEN, Relator

Original Proceeding from the 283rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F89-97008-HT

MEMORANDUM OPINION

Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges In this original proceeding, relator seeks a writ of habeas corpus to reform a 1989 judgment

from the 283rd Judicial District Court of Dallas County and a 2013 judgment from the 54th Judicial District Court of McLennan County. Relator complains that the McLennan County court improperly stacked the two judgments and, as a result, his sentence changed from a thirty-year sentence to a life sentence. We dismiss this proceeding for want of jurisdiction.

This proceeding is a collateral attack on a final conviction and, therefore, 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 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Further, we lack

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writ jurisdiction over the McLennan County court. See TEX. GOV’T CODE 22.221. Accordingly, we dismiss this proceeding for want of jurisdiction.

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE

180973F.P05