Patrick Jamal Living v. State

Opinion

Opinion issued March 8, 2012.

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-12-00028-CR

patrick jamal living, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 1151200

MEMORANDUM OPINION

          Appellant, Patrick Jamal Living, attempts a second appeal of his May 13, 2009 conviction for aggravated assault.  This Court previously affirmed the judgment of the trial court.  See Living v. State, No. 01-09-00446-CR, 2010 WL 1948343 (Tex. App.—Hous. [1 Dist.] (May 13, 2010), pet. ref’d.).

               This court lacks jurisdiction to consider a second appeal from appellant’s final conviction.  The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to Texas Code of Criminal Procedure article 11.07.  Tex. Code Crim. Proc. Ann. art. 11.07, § 5 (West Supp. 2010) (providing that “[a]fter conviction, the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner”); Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App. 1991).     

Accordingly, because we lack jurisdiction over the appeal, we dismiss.  See Tex. R. App. P. 25.2(d), 42.3(a), 43.2(f).  We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Justices Keyes, Bland, and Sharp.

Do not publish.   Tex. R. App. P. 47.2(b).