Joe Lee Touchstone v. State

• Court: Court of Appeals of Texas
• Decided: June 22, 2012
• Docket: 07-12-00239-CR
• Status: Published

Opinion

NO. 07-12-00239-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

-------------------------------------------------------------------------------- JUNE 22, 2012 --------------------------------------------------------------------------------

EX PARTE JOE LEE TOUCHSTONE ___________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ORDER

Joe Lee Touchstone, a prison inmate appearing pro se, has filed a pleading in this court asserting he has been unlawfully incarcerated by the State of Texas since February 13, 1991, because his underlying conviction and sentence are void. He asks that we initiate proceedings leading to a declaration that the underlying conviction is "null and void." In an opinion dated October 14, 1991, we affirmed Touchstone's conviction for aggravated sexual assault in cause number 07-91-0054-CR. No petition for discretionary review was filed and mandate issued on December 12, 1991. As an intermediate appellate court, we have no post-conviction jurisdiction to consider the relief Touchstone requests by his pleading because the exclusive means of challenging a final felony conviction is in the Texas Court of Criminal Appeals according to article 11.07 of the Texas Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2011); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding) (stating only the Texas Court of Criminal Appeals has jurisdiction over post-conviction felony proceedings). Accordingly, we dismiss this proceeding for want of jurisdiction It is so ordered.

James T. Campbell Justice

Do not publish.