Michael Hosea v. State ( 2012 )

Opinion issued June 21, 2012.
In The
Court of Appeals
For The
First District of Texas
NO. 01-11-01050-CR
____________
MICHAEL HOSEA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 232nd District Court
Harris County, Texas
Trial Court Cause No. 9415203
MEMORANDUM OPINION
Appellant, Michael Hosea, attempts a second appeal of his March 31, 1995
conviction for murder. This Court previously affirmed the judgment of the trial
court. See Hosea v. State, No. 01–95–00358–CR, 1997 WL 709453 (Tex. App.—
Houston [1st Dist.] Nov. 6, 1997), pet. ref ‘d.).
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 article 11.07. TEX.CODE CRIM. PROC. ANN. art. 11.07, § 5
(Vernon Supp. 2010) (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, because we lack jurisdiction over the appeal, we grant the
State’s motion to dismiss. See TEX. R. APP. P. 25.2(d), 42.3(a), 43.2(f). We dismiss
all pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
Do not publish. TEX. R. APP. P. 47.2(b).
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