Conrado Tovar Jr. v. State ( 2019 )

NUMBER 13-19-00422-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
CONRADO TOVAR JR., Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 275th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Hinojosa and Tijerina
Memorandum Opinion by Justice Tijerina
Appellant, Conrado Tovar Jr., attempts a second appeal of his February 25, 2019
conviction for murder in trial court cause number CR-4758-17-E. This Court previously
issued a memorandum opinion and judgment on August 8, 2019, regarding this trial court
cause number in cause number 13-19-00117. 1
On September 4, 2019, the Clerk of this Court notified appellant that it appeared
the Court did not have jurisdiction and requested correction of this defect within ten days
or the appeal would be dismissed. Appellant has responded by filing a motion for
extension to file brief and motion for clerk’s record.
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 (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). All pending motions are dismissed as moot.
JAIME TIJERINA,
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed this
24th day of October, 2019.
1 This Court dismissed the appeal on a voluntary motion to dismiss the appeal. See TEX. R. APP.
P. 42.2(a).
2