Kenneth Bernard Scott, Jr. v. State

• Court: Court of Appeals of Texas
• Decided: March 13, 2008
• Docket: 14-08-00168-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 13, 2008

Dismissed and Memorandum Opinion filed March 13, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00168-CR

KENNETH BERNARD SCOTT, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 831609

M E M O R A N D U M   O P I N I O N

After a guilty plea, appellant was convicted of the offense of aggravated robbery, with an affirmative finding on the use of a deadly weapon, and sentenced to twenty years in prison on August 22, 2000.  No motion for new trial was filed.  Appellant=s notice of appeal was not filed until October 2, 2000.  Accordingly, on December 7, 2000, this court dismissed the appeal for want of jurisdiction. See Scott v. State, No. 14-00-01264-CR (Tex. App.CHouston [14th Dist.] 2000, no pet.) (not designated for publication). 

On February 8, 2008, appellant filed a pro se notice of appeal in the same case.  This court lacks jurisdiction to consider a second untimely appeal from this conviction.  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.  Olivo v. State, 918 S.W.2d 519, 525 n. 8 (Tex. Crim. App. 1996).  This court also lacks jurisdiction to consider a post-conviction application for writ of habeas corpus.  An intermediate court of appeals has no jurisdiction over post‑conviction writs of habeas corpus in felony cases.  See Tex. Code Crim. Proc. Ann. art. 11.07(3)(a), (b) (Vernon Supp. 2007); Self v. State, 122 S.W.3d 294, 294‑95 (Tex. App.CEastland 2003, no pet.).

The appeal is dismissed for want of jurisdiction.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 13, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.

Do Not Publish C Tex. R. App. P. 47.2(b).