Opinion
NO. 03-16-00277-CV
04-27-2016
In re William E. Johnson
ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY
MEMORANDUM OPINION
William E. Johnson, proceeding pro se, filed a Petition for Writ of Review in this Court, seeking to have this Court order the 26th District Court of Williamson County to grant a writ of error coram nobis, which he asserts was filed "in mid-2015." Looking to the substance of Johnson's pleading, rather than its title or form, we construe his pleading as a petition for writ of error coram nobis. See Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex. 1999) (courts look to substance of pleading rather than its form or caption to determine its nature).
Johnson appears to be challenging his judgment of conviction for aggravated sexual assault rendered in cause number 88-405-K in the 26th Judicial District of Williamson County in September 1988. --------
The purpose of a writ of error coram nobis is to bring before the court rendering the judgment matters of fact which, if known at the time the judgment was rendered, would have prevented its rendition. Ex parte McKenzie, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930). The Court of Criminal Appeals has long held this common-law writ has no application in this state. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952).
The habeas corpus procedure set out in article 11.07 of the Code of Criminal Procedure provides the exclusive remedy for felony post-conviction relief in state court. See Tex. Code Crim. Proc. art. 11.07, § 5. Article 11.07 vests complete jurisdiction over post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals. See id.; Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993) (only court of criminal appeals has authority to grant post-conviction relief from final felony convictions).
Accordingly, we dismiss Johnson's petition for want of jurisdiction.
/s/_________
Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Filed: April 27, 2016