William Charles Taylor v. State

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