Terry Wayne Stewart v. The State of Texas--Appeal from 251st District Court of Potter County
Annotate this Case
Download PDF
NO. 07-05-0398-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MARCH 6, 2006
______________________________
TERRY WAYNE STEWART,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 251st DISTRICT COURT OF POTTER COUNTY;
NO. 33,132-C; HON. PATRICK PIRTLE, PRESIDING
_______________________________
On Motion to Dismiss
_______________________________
Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
We vacate our previous order of abatement and reinstate the appeal.
Pending before the court is the State’s motion to dismiss appellant’s appeal from
an order denying his “Petition for Bill of Review.” Through that document, appellant attacks
his final felony conviction, contending that the judgment was void. Statute provides that
one seeking relief from a final felony conviction do so by petitioning the Texas Court of
Criminal Appeals. TEX . CODE CRIM . PROC . ANN . art. 11.07, § 3 (Vernon 2005). Different
procedures cannot be created by the individual seeking relief. Nor can the rules applicable
to appealing civil matters be invoked as a means of attacking a criminal conviction.
So, because appellant attempted to attack a final felony conviction and did so
through filing a “petition” with the local district court rather than the Court of Criminal
Appeals, the district court had no jurisdiction over the matter. Nor does this court have
jurisdiction to entertain appellant’s effort to avoid his final felony conviction. Runnels v.
State, 804 S.W.2d 278 (Tex. App.–Beaumont 1991, no pet.).
In short, the Texas
Legislature created the relevant procedure, and it must be followed.
Accordingly, we grant the State’s motion to dismiss and affirm the trial court’s
judgment wherein it found it lacked jurisdiction.
Per Curiam
Do not publish.
2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
