Reginald Arleigh Noble v. State

Opinion

DISMISS and Opinion Filed January 29, 2020

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-20-00033-CR

REGINALD ARLEIGH NOBLE, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4 Dallas County, Texas

Trial Court Cause No. F00-50025-K

MEMORANDUM OPINION

Before Justices Bridges, Whitehill, and Nowell Opinion by Justice Bridges Reginald Arleigh Noble filed a notice of appeal on January 6, 2020, stating he is appealing

the “trial court’s jurisdictional defect – void judgment.” Noble was convicted of aggravated sexual assault of a child and sentenced to life in prison. His conviction was affirmed on direct appeal. See Noble v. State, No. 08-01-00035-CR, 2002 WL 221886 (Tex. App.—El Paso Feb. 4, 2002, pet. ref’d) (not designated for publication). In his January 2020 notice of appeal, Noble claims that Criminal District Court No. 4 lacked jurisdiction to convict him in 2000.

Despite Noble’s claim that this is a civil interlocutory appeal, this proceeding is a collateral attack on a final criminal conviction and, as we have repeatedly informed Noble, 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. “It is well established that only the Court

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of Criminal Appeals possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction.” Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117–18 (Tex. Crim. App. 2013) (quoting Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985) and citing TEX. CODE CRIM. PROC. art. 11.07 § 5); see Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). “Article 11.07 contains no role for the courts of appeals; the only courts referred to are the convicting court and the Court of Criminal Appeals.” In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

Accordingly, we dismiss this proceeding for want of jurisdiction.

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 200033F.U05

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S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

REGINALD ARLEIGH NOBLE, On Appeal from the Criminal District Court Appellant No. 4, Dallas County, Texas Trial Court Cause No. F00-50025-K.

No. 05-20-00033-CR V. Opinion delivered by Justice Bridges, Justices Whitehill and Nowell participating.

THE STATE OF TEXAS, Appellee

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered January 29, 2020