In Re: William Sedric Autrey Appeal from 296th Judicial District Court of Collin County (memorandum opinion)

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Dismissed and Opinion Filed September 11, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01055-CV IN RE WILLIAM SEDRIC AUTREY, Relator Original Proceeding from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 429-81194-10 MEMORANDUM OPINION Before Justices Francis, Brown, and Whitehill Opinion by Justice Whitehill In this original proceeding, relator asks this Court to set aside his 2014 conviction and rule on pre-trial motions purportedly filed and not ruled upon before his 2014 trial. 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. /Bill Whitehill/ BILL WHITEHILL JUSTICE 171055F.P05

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