Alfredo D. Martinez v. The State of Texas--Appeal from 21st District Court of Washington County

Opinion issued November 16, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00614-CR

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ALFREDO D. MARTINEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District court

Washington County, Texas

Trial Court Cause No. 14015

O P I N I O N

We lack jurisdiction to hear this appeal. A jury convicted appellant, Alfredo D. Martinez, of the felony offense of possession of cocaine in an amount more than four but less than 200 grams. Appellant pleaded true to the allegations in two enhancement paragraphs. The trial court sentenced appellant to confinement for 35 years and signed a final judgment in trial court case number 14015 on March 23, 2004.

On April 7, 2004, appellant filed notice of appeal, and the appeal was assigned to the Fourteenth Court of Appeals. On July 28, 2005, the Fourteenth Court of Appeals issued an opinion affirming the judgment of the trial court. Martinez v. State, No. 14-04-00374-CR ( Tex.-App. Houston [14th Dist.] July 28, 2005, no pet.). The mandate issued on November 4, 2005.

Appellant, pro se, filed a second notice of appeal in trial court cause number 14015 on June 3, 2005. The second notice of appeal was assigned to this Court and given a new appellate cause number 01-05-00614-CR. The Fourteenth Court of appeals judgment of July 28, 2006 is final. Exclusive post-conviction jurisdiction of the case has passed to the Texas Court of Criminal Appeals in accordance with article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2005).

Accordingly, we dismiss for lack of jurisdiction.

PER CURIAM

Panel consists of Nuchia, Jennings, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).