In Re: Lowell DeQuincy Green Appeal from 283rd Judicial District Court of Dallas County (memorandum opinion)

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Dismissed and Opinion Filed September 4, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00973-CV IN RE LOWELL DEQUINCY GREEN, Relator Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F89-97008-HT MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges In this original proceeding, relator seeks a writ of habeas corpus to reform a 1989 judgment from the 283rd Judicial District Court of Dallas County and a 2013 judgment from the 54th Judicial District Court of McLennan County. Relator complains that the McLennan County court improperly stacked the two judgments and, as a result, his sentence changed from a thirty-year sentence to a life sentence. We dismiss this proceeding for want of jurisdiction. 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). Further, we lack writ jurisdiction over the McLennan County court. See TEX. GOV’T CODE 22.221. Accordingly, we dismiss this proceeding for want of jurisdiction. /David L. Bridges/ DAVID L. BRIDGES JUSTICE 180973F.P05 –2–

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