George Myrick v. The State of Texas--Appeal from 114th District Court of Smith County

State: Texas

Court: Texas Northern District Court

Docket No: 12-05-00336-CR

Case Date: 11/16/2005

Plaintiff: Samuel Moreland

Defendant: The State of Texas--Appeal from 217th District Court of Angelina County

Preview:Samuel Moreland v. The State of Texas--Appeal from
217th District Court of Angelina County
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-04-119 CR
SAMUEL MORELAND, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 217th District Court
Angelina County, Texas
Trial Cause No. CR-22697-AAA
MEMORANDUM OPINION (1)
On March 18, 2004, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and
notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing
grounds for continuing the appeal. The appellant did not file a response. The notice of appeal seeks to appeal an "Order
Denying Writ of Audita Querela." The appellant was convicted in Cause No. 22697 on April 19, 2002, and sentenced
to 12 years of confinement in the Texas Department of Criminal Justice, Institutional Division. Notice of appeal was
not filed within the time permitted by Tex. R. App. P. 26.2(a). The exclusive post-felony conviction remedy is through
the writ of habeas corpus procedure of Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004).
Accordingly, we hold the order from which the appellant appeals is not appealable. This appeal is dismissed for want
of jurisdiction.
APPEAL DISMISSED FOR LACK OF JURISDICTION.
PER CURIAM
Opinion Delivered April 22, 2004
Do Not Publish
Before McKeithen, C.J., Burgess and Gaultney, JJ.
1. Tex. R. App. P. 47.4.
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