In Re: Broderick Jackson Appeal from 283rd Judicial District Court of Dallas County (memorandum opinion)

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Dismissed w.o.j. and Opinion Filed November 14, 2017 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01231-CV No. 05-17-01232-CV IN RE BRODERICK JACKSON, Relator Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F12-58467-T and F12-58468-T MEMORANDUM OPINION Before Justices Lang, Brown, and Stoddart Opinion by Justice Lang Relator was convicted in 2013 of unlawful possession of a firearm by a felon and possession with intent to deliver a controlled substance in the amount of four grams or more but less than 200 grams. On appeal, this Court modified the judgment in the drug case to reflect that relator pleaded not true to the enhancement paragraph in the indictment and affirmed the convictions as modified. See Jackson v. State, No. 05-13-00579-CR, 2014 WL 3955171, at *4–5 (Tex. App.—Dallas Aug. 14, 2014, no pet.). In this original proceeding, relator seeks reformation and modification of the April 18, 2013 judgment to remove a deadly weapon finding and to change 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. /s/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 171231F.P05 –2–

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