Robert Arthur Moses v. State

• Court: Court of Appeals of Texas
• Decided: September 24, 2019
• Docket: 05-19-01025-CR
• Status: Published

Opinion

DISMISS and Opinion Filed September 24, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01025-CR

ROBERT ARTHUR MOSES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81377-2015

MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Schenck Opinion by Justice Whitehill Robert Arthur Moses was convicted of murder and sentenced to life in prison. This Court

affirmed his conviction. After the Texas Court of Criminal Appeals refused his pro se petition for

discretionary review, our mandate issued on January 24, 2019. In June and July of 2019, appellant

filed fifteen motions in the trial court, including a motion to quash the arrest warrant, motion to

quash the indictment, and motion for a new trial. The trial court denied the motions for lack of

jurisdiction in an order dated July 31, 2019. Appellant then filed a notice of appeal.

Taken together, appellant’s motions constitute a collateral attack on his final conviction

and, therefore, fall under the scope of a post-conviction writ of habeas corpus under article 11.07

of the Texas Code of Criminal Procedure. Only the Texas Court of Criminal Appeals has

jurisdiction in final, post-conviction felony proceedings. TEX. CODE CRIM. PROC. ANN. art. 11.07; 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).

We dismiss this proceeding for want of jurisdiction.

/Bill Whitehill/ BILL WHITEHILL JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 191025F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ROBERT ARTHUR MOSES, Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-19-01025-CR V. Trial Court Cause No. 219-81377-2015. Opinion delivered by Justice Whitehill. THE STATE OF TEXAS, Appellee Chief Justice Burns and Justice Schenck participating.

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

Judgment entered September 24, 2019.

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