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In re Parker

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Mar 31, 2017
NO. 03-17-00183-CV (Tex. App. Mar. 31, 2017)

Opinion

NO. 03-17-00183-CV

03-31-2017

In re James Ray Parker


ORIGINAL PROCEEDING FROM TOM GREEN COUNTY

MEMORANDUM OPINION

James Ray Parker has filed a "Writ of error Coram Nobis." 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 Texas Court of Criminal Appeals has long held that this common-law writ has no application in this state. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952); In re Johnson, No. 03-16-00277-CV, 2016 WL 1756707 (Tex. App.—Austin Apr. 27, 2016, no pet.) (mem. op.).

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 Texas state court. See Tex. Code Crim. Proc. art. 11.07, §§ 3(a), 5. Article 11.07 vests complete jurisdiction over post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals. See id. § 3(a); Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); In re Wood, No. 03-16-000651-CV, 2016 WL 6575240, at *1 (Tex. App.—Austin Nov. 2, 2016, no pet.) (mem. op.).

Accordingly, we dismiss Parker's "Writ of error Coram Nobis" for want of jurisdiction.

/s/_________

Scott K. Field, Justice Before Chief Justice Rose, Justices Field and Bourland Dismissed for Want of Jurisdiction Filed: March 31, 2017


Summaries of

In re Parker

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Mar 31, 2017
NO. 03-17-00183-CV (Tex. App. Mar. 31, 2017)
Case details for

In re Parker

Case Details

Full title:In re James Ray Parker

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Mar 31, 2017

Citations

NO. 03-17-00183-CV (Tex. App. Mar. 31, 2017)

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