Robert Arthur Moses v. The State of Texas Appeal from 219th Judicial District Court of Collin County (memorandum opinion)
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DISMISS and Opinion Filed September 24, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01025-CR ROBERT ARTHUR MOSES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81377-2015 MEMORANDUM OPINION Before Chief Justice Burns, Justice Whitehill, and Justice Schenck Opinion by Justice Whitehill Robert Arthur Moses was convicted of murder and sentenced to life in prison. This Court affirmed his conviction. After the Texas Court of Criminal Appeals refused his pro se petition for discretionary review, our mandate issued on January 24, 2019. In June and July of 2019, appellant filed fifteen motions in the trial court, including a motion to quash the arrest warrant, motion to quash the indictment, and motion for a new trial. The trial court denied the motions for lack of jurisdiction in an order dated July 31, 2019. Appellant then filed a notice of appeal. Taken together, appellant’s motions constitute a collateral attack on his final conviction and, therefore, fall under the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. TEX. CODE CRIM. PROC. ANN. art. 11.07; 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). We dismiss this proceeding for want of jurisdiction. /Bill Whitehill/ BILL WHITEHILL JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 191025F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROBERT ARTHUR MOSES, Appellant No. 05-19-01025-CR On Appeal from the 219th Judicial District Court, Collin County, Texas Trial Court Cause No. 219-81377-2015. Opinion delivered by Justice Whitehill. Chief Justice Burns and Justice Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered September 24, 2019. –3–
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