Esteban Garcia v. The State of Texas Appeal from 366th Judicial District Court of Collin County (memorandum opinion)
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Dismissed and Opinion Filed December 11, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01483-CR ESTEBAN GARCIA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-83445-2016 MEMORANDUM OPINION Before Justices Osborne, Partida-Kipness, and Pedersen, III Opinion by Justice Pedersen, III After a jury found Esteban Garcia guilty of illegal dumping, the trial court assessed punishment at two years’ confinement in a state jail facility, probated for two years. On direct appeal, appellant challenged the sufficiency of the evidence to support his conviction. We affirmed his conviction. See Garcia v. State, No. 05-18-00133-CR, 2019 WL 4050991 (Tex. App.—Dallas March 27, 2019, pet. ref’d) (mem. op., not designated for publication). Our mandate issued October 16, 2019. Appellant filed a notice of appeal on December 2, 2019, seeking again to appeal the trial court’s January 10, 2018 judgment. 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 by a writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (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). Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). Because we lack jurisdiction, we dismiss this appeal. Do Not Publish TEX. R. APP. P. 47.2(b) 191483f.u05 /Bill Pedersen, III// BILL PEDERSEN. III JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT ESTEBAN GARCIA, Appellant No. 05-19-01483-CR V. THE STATE OF TEXAS, Appellee On Appeal from the 366th Judicial District Court, Collin County, Texas Trial Court Cause No. 366-83445-2016. Opinion delivered by Justice Pedersen, III, Justices Osborne and Partida-Kipness participating. Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 11th day of December, 2019.
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