Jose C. Lopez v. The State of Texas--Appeal from 232nd District Court of Harris County

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Dismissed and Memorandum Opinion filed February 11, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-10-00094-CR ____________ JOSE C. LOPEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 932220 MEMORANDUM OPINION A jury convicted appellant of aggravated sexual assault of a child and assessed punishment at confinement in prison for ninety-nine years. Appellant s conviction was affirmed, and the Court of Criminal Appeals denied appellant s petition for discretionary review. See Lopez v. State, No. 11-03-00250-CV, 2005 WL 1116037 (Tex. App. Eastland May 12, 2005, pet. ref d) (not designated for publication). On November 18, 2009, appellant filed several post-conviction motions in the trial court. This is an attempted appeal of the trial court s orders denying appellant s motions to set aside, vacate and arrest judgment, for evidentiary hearing, and for appointment of counsel signed November 25, 2009. We lack jurisdiction over this attempted appeal. The exclusive post-conviction remedy after final felony convictions in Texas courts is through a writ of habeas corpus returnable to the Texas Court of Criminal Appeals, pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Tex.Code Crim. Proc. Ann. art. 11.07, ยง 3(a) (Vernon Supp.2009). Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Chief Justice Hedges and Justices Anderson and Christopher. Do Not Publish Tex. R. App. P. 47.2(b). 2

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