William Charles Taylor v. State ( 2016 )


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  •                                   NUMBER 13-16-00404-CR
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    ____________________________________________________________
    WILLIAM CHARLES TAYLOR,                                                                    Appellant,
    v.
    THE STATE OF TEXAS,                                 Appellee.
    ____________________________________________________________
    On appeal from the 331st District Court
    of Travis County, Texas.
    ____________________________________________________________
    MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Garza and Longoria
    Memorandum Opinion Per Curiam
    Appellant, William Charles Taylor, attempts to appeal the trial court’s denial of a
    motion for new trial in trial court cause number D-1-DC-07-300708.1 We dismiss the
    appeal for lack of jurisdiction.
    1 This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a
    docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
    (West, Westlaw through 2015 R.S.).
    2
    Sentence in this matter was imposed on September 12, 2007 and notice of appeal
    was filed on June 14, 2016. On July 20, 2010, the Clerk of this Court notified appellant
    that it appeared that there was no final, appealable judgment. Appellant was advised
    that the appeal would be dismissed if the defect was not corrected within ten days from
    the date of receipt of the Court’s directive. Appellant filed a response containing a copy
    of his motion for new trial and refers to a prior memorandum opinion and judgment issued
    in cause number 03-07-00613-CR.
    The Third Court of Appeals issued a memorandum opinion and judgment in cause
    number 13-07-0613-CR on November 13, 2007 arising out of the same trial court cause
    number, D-1-DC-07-300708. The opinion dismissed the appeal because the trial court’s
    certification did not show the defendant had the right of appeal. See TEX. R. APP. P.
    25.2(a)(2).
    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
    11.07. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West, Westlaw through 2015 R.S.)
    (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, this appeal is DISMISSED for lack of jurisdiction. See TEX. R. APP.
    P.42.3(a), 43.2(f).
    PER CURIAM
    Do not publish.
    TEX. R. APP. P. 47.2(b).
    Delivered and filed this
    2nd day of September, 2016.
    2
    

Document Info

Docket Number: 13-16-00404-CR

Filed Date: 9/2/2016

Precedential Status: Precedential

Modified Date: 9/5/2016