Charles William Deforest v. The State of Texas Appeal from 12th District Court of Madison County (memorandum opinion)
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IN THE TENTH COURT OF APPEALS No. 10-24-00099-CR CHARLES WILLIAM DEFOREST, Appellant v. THE STATE OF TEXAS, Appellee From the 12th District Court Madison County, Texas Trial Court No. 17-12838 MEMORANDUM OPINION Appellant, Charles William Deforest, acting pro se, attempts to appeal from a judgment rendered against him on February 28, 2019. We dismiss for want of jurisdiction. Appellant was convicted of engaging in organized criminal activity, enhanced by two prior convictions. He appealed the conviction, and this Court affirmed. See Deforest v. State, 10-19-00111-CR, 2021 Tex. App. LEXIS 5397 (Tex. App.—Waco July 7, 2021, pet ref'd). On April 3, 2024, Appellant filed a new notice of appeal in this Court contending that his sentence is void because relevant law precludes the use of his prior driving while intoxicated conviction to enhance his sentence. He also asserts he was denied due process because the record does not show his prior convictions were final. He requests this Court grant his immediate release. Appellant's attempt to appeal from a final felony conviction falls within the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07. Article 11.07 provides the exclusive means to challenge his conviction for engaging in organized criminal activity. See id.; Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (per curiam). An intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases. Padieu, 392 S.W.3d at 117. Because we have no jurisdiction over what is in effect a post-conviction habeas corpus proceeding, we dismiss the appeal for want of jurisdiction.1 STEVE SMITH Justice Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed April 18, 2024 Do not publish [CRPM] All pending motions are dismissed as moot. Deforest v. State 1 Page 2
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