Jose C Lopez v. The State of Texas Appeal from 232nd District Court of Harris County (memorandum opinion per curiam)

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Appeal Dismissed and Memorandum Opinion filed June 21, 2016. In The Fourteenth Court of Appeals NO. 14-16-00293-CR JOSE C LOPEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 932220 MEMORANDUM OPINION A jury convicted appellant of aggravated sexual assault of a child and assessed punishment at confinement in prison for ninety-nine years. Appellant’s conviction was affirmed, and the Court of Criminal Appeals denied appellant’s petition for discretionary review. See Lopez v. State, No. 11-03-00250-CV, 2005 WL 1116037 (Tex. App.— Eastland May 12, 2005, pet. ref’d) (not designated for publication). On February 2, 2016, appellant filed in the trial court a “motion to correct a fundamental error from the trial court.” The trial court denied his motion. Appellant filed a notice of appeal regarding the denial on March 14, 2016. We lack jurisdiction over this attempted appeal. The exclusive postconviction remedy after final felony convictions in Texas courts is through a writ of habeas corpus returnable to the Texas Court of Criminal Appeals, pursuant to article 11.07 of the Code of Criminal Procedure. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a).1 Accordingly, we DISMISS this appeal. PER CURIAM Panel consists Justices Boyce, Christopher, and Jamison. Do Not Publish — Tex. R. App. P. 47.2(b). 1 We dismissed an earlier appeal by appellant for the same reason. See Lopez v. State, No. 14-10-00094, 2010 WL 454951, *1 (Tex. App.—Houston [14th Dist.] Feb. 11, 2010, no pet.) (mem. op.) (per curiam) (not designated for publication). 2

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