Reginald Arleigh Noble v. State ( 2020 )

DISMISS and Opinion Filed January 29, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00033-CR
REGINALD ARLEIGH NOBLE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F00-50025-K
MEMORANDUM OPINION
Before Justices Bridges, Whitehill, and Nowell
Opinion by Justice Bridges
Reginald Arleigh Noble filed a notice of appeal on January 6, 2020, stating he is appealing
the “trial court’s jurisdictional defect – void judgment.” Noble was convicted of aggravated sexual
assault of a child and sentenced to life in prison. His conviction was affirmed on direct appeal. See
Noble v. State, No. 08-01-00035-CR, 2002 WL 221886 (Tex. App.—El Paso Feb. 4, 2002, pet.
ref’d) (not designated for publication). In his January 2020 notice of appeal, Noble claims that
Criminal District Court No. 4 lacked jurisdiction to convict him in 2000.
Despite Noble’s claim that this is a civil interlocutory appeal, this proceeding is a collateral
attack on a final criminal conviction and, as we have repeatedly informed Noble, falls within the
scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal
Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07. “It is well established that only the Court
of Criminal Appeals possesses the authority to grant relief in a post-conviction habeas corpus
proceeding where there is a final felony conviction.” Padieu v. Court of Appeals of Tex., Fifth
Dist., 392 S.W.3d 115, 117–18 (Tex. Crim. App. 2013) (quoting Ex parte Alexander, 685 S.W.2d
57, 60 (Tex. Crim. App. 1985) and citing TEX. CODE CRIM. PROC. art. 11.07 § 5); see Ater v. Eighth
Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). “Article 11.07
contains no role for the courts of appeals; the only courts referred to are the convicting court and
the Court of Criminal Appeals.” In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st
Dist.] 2001, orig. proceeding).
Accordingly, we dismiss this proceeding for want of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200033F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
REGINALD ARLEIGH NOBLE, On Appeal from the Criminal District Court
Appellant No. 4, Dallas County, Texas
Trial Court Cause No. F00-50025-K.
No. 05-20-00033-CR V. Opinion delivered by Justice Bridges,
Justices Whitehill and Nowell participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered January 29, 2020
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