Opinion
No. 06-07-00173-CR
Date Submitted: November 1, 2007.
Date Decided: November 2, 2007. DO NOT PUBLISH.
On Appeal from the Sixth Judicial District Court, Lamar County, Texas, Trial Court No. 13217.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
The clerk's record indicates James Thomas Smith appeals from the denial of his motion for enforcement of the court's judgment. The underlying judgment and fifteen-year sentence was entered in 1991 on Smith's guilty plea to robbery. Smith states he was released on parole in 1999, his parole was revoked in 2004, and he now faces a release date in 2011. Smith complains that the revocation of his parole has "modified and extended" his original sentence which, he asserts, required his release by 2006. Smith seeks release from custody as the remedy. "If Applicant has been incarcerated past his presumptive discharge date, this is no longer a time credit claim but an illegal confinement claim." Ex Parte Ybarra, 149 S.W.3d 147, 148 n. 1 (Tex.Crim.App. 2004). Despite Smith's phrasing of his complaint as one to enforce the judgment, it is a claim for habeas relief. See Ex Parte Weaver, 537 S.W.2d 252, 253 (Tex.Crim.App. 1976) ("the duration of a prisoner's confinement is a proper subject for habeas corpus"); Watson v. State, 96 S.W.3d 497, 500 (Tex.App.-Amarillo 2002, pet. ref'd) (treating direct appeal claim seeking habeas-type relief as habeas claim). "The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty." Tex. Code Crim. Proc. Ann. art. 11.01 (Vernon 2005) (emphasis added). The writ of habeas corpus is properly sought from the Texas Court of Criminal Appeals if the conviction is final. See Tex. Code Crim. Proc. Ann. arts. 11.01, 11.05, 11.07(3) (Vernon 2005). This Court is not among the list of courts authorized to grant relief pursuant to post-conviction writs of habeas corpus. Ex Parte Martinez, 175 S.W.3d 510, 512 (Tex.App.-Texarkana 2005, no pet.). We are, therefore, without jurisdiction to consider Smith's post-conviction application for writ of habeas corpus. See Watson, 96 S.W.3d at 500. Accordingly, we dismiss the appeal for want of jurisdiction.