In Re: Leland P. Winter v. The State of Texas Appeal from 397th Judicial District Court of Grayson County (memorandum opinion)

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Dismissed and Opinion Filed September 8, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01045-CV IN RE LELAND P. WINTER, Relator Original Proceeding from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 061162 MEMORANDUM OPINION Before Justices Francis, Brown, and Whitehill Opinion by Justice Francis In this original proceeding, relator asks this Court to sua sponte review his 2012 conviction and reform his sentence. This proceeding is a collateral attack on a final conviction and, therefore, 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 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we dismiss this proceeding for want of jurisdiction. /Molly Francis/ MOLLY FRANCIS JUSTICE 171045F.P05

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