Joe Lee Touchstone v. State ( 2012 )

NO. 07-12-00239-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JUNE 22, 2012
EX PARTE JOE LEE TOUCHSTONE
___________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ORDER
Joe Lee Touchstone, a prison inmate appearing pro se, has filed a pleading in
this court asserting he has been unlawfully incarcerated by the State of Texas since
February 13, 1991, because his underlying conviction and sentence are void. He asks
that we initiate proceedings leading to a declaration that the underlying conviction is
“null and void.” In an opinion dated October 14, 1991, we affirmed Touchstone’s
conviction for aggravated sexual assault in cause number 07-91-0054-CR. No petition
for discretionary review was filed and mandate issued on December 12, 1991. 1
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We judicially notice these facts as recited in our opinion in In re Touchstone,
No. 07-03-0489-CV 2003 Tex. App. Lexis 10013, at *1 (Tex.App.--Amarillo Nov. 25,
2003, orig. proceeding) (mem. op.). We also judicially notice Touchstone’s history of
attempts to obtain post-conviction relief in the Texas Court of Criminal Appeals and in
federal court. See Touchstone v. Quarterman, No. 2:09-CV-0057, 2009 U.S. Dist. Lexis
2633, at *1-2 (N.D. Tex. Mar. 12, 2009) (stating history), adopted, 2009 U.S. Dist. Lexis
24714 (N. D. Tex. Mar. 23, 2009).
As an intermediate appellate court, we have no post-conviction jurisdiction to
consider the relief Touchstone requests by his pleading because the exclusive means of
challenging a final felony conviction is in the Texas Court of Criminal Appeals according
to article 11.07 of the Texas Code of Criminal Procedure. Tex. Code Crim. Proc. Ann.
art. 11.07 (West Supp. 2011); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243
(Tex.Crim.App. 1991) (orig. proceeding) (stating only the Texas Court of Criminal
Appeals has jurisdiction over post-conviction felony proceedings).
Accordingly, we dismiss this proceeding for want of jurisdiction
It is so ordered.
James T. Campbell
Justice
Do not publish.
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