Opinion issued April 17, 2008
In The
Court of Appeals
For The
First District of Texas
____________
NO. 01-08-00224-CR
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WESLEY WELLINGTON WHITE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 337th District court
Harris County, Texas
Trial Court Cause No. 749118
MEMORANDUM O P I N I O N
A jury convicted appellant Wesley Wellington White, on February 3, 1998, of the offense of aggravated robbery, and the trial court sentenced appellant to confinement for 99 years. Appellant filed notice of appeal on February 3, 1998, and the appeal was assigned to this Court.
On July 8, 1999, we issued an opinion affirming the trial court's judgment. White v. State, No. 01-98-00224-CR (Tex. App.--Houston [1st Dist.] July 8, 1999, no pet.)(not designated for publication). Our mandate issued on May 1, 2000.
On January 23, 2008, appellant filed, in trial court case number 749118, a pro se "motion for production of trial transcripts, clerk's records, and documents in forma pauperis." The trial court denied the motion on January 28, 2008. Appellant gave notice of appeal. Appellant's appeal of the trial court's denial of his motion, was assigned to this Court and given a new appellate cause number 01-08-00224-CR.
Our judgment of July 8, 1999 is final. The matters raised in relator's post judgment motion and notice of appeal are not within our jurisdiction. (1) The exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to article 11.07 of the Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2007); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991).
Accordingly, we dismiss for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Taft, Keyes, and Alcala.
Do not publish. Tex. R. App. P. 47.2(b).
1. We note that an indigent criminal defendant is not entitled to a free
transcription of prior proceedings for use in pursuing post-conviction habeas
corpus relief. Escobar v. State, 880 S.W.2d 782, 783-84 (Tex. App.--Houston
[1st Dist.] 1993, no pet.).