George Mendoza, Jr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00714-CR
George Mendoza, Jr., Appellant
v.
The State of Texas, Appellee
FROM THE 33RD DISTRICT COURT OF BURNET COUNTY
NO. 35,161, JUDGE GUILFORD L. JONES, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant George Mendoza, Jr. seeks to appeal his 2010 final judgments of
conviction for the felony offenses of indecency with a child by sexual contact and sexual assault
of a child. See Tex. Penal Code §§ 21.11(a)(1), 22.011. Mendoza’s notice of appeal filed
October 8, 2019, states that he is seeking an out-of-time appeal for an “illegal” and “void”
conviction.
However, the proper vehicle for seeking an out-of-time appeal is a writ of habeas
corpus from the Texas Court of Criminal Appeals. Portley v. State, 89 S.W.3d 188, 189
(Tex. App.—Texarkana 2002, no pet.); see Tex. Code Crim. Proc. art. 11.07. This Court has no
jurisdiction to grant such habeas-corpus relief from a final felony conviction. See Board of
Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483
(Tex. Crim. App. 1995) (“Jurisdiction to grant post conviction habeas corpus relief on a final
felony conviction rests exclusively with this Court.”); Ater v. Eighth Court of Appeals,
802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (“We are the only court with jurisdiction in final
post-conviction felony proceedings.”); Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App.
1985) (“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.”).
Moreover, the trial court has certified that this is a plea-bargain case, that
Mendoza has no right of appeal, and that Mendoza has waived the right of appeal. See Tex. R.
App. P. 25.2(a)(2), (d).
Accordingly, we dismiss the appeal for want of jurisdiction.
__________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: October 17, 2019
Do Not Publish
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