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
Angelina County, Texas
Trial Cause No. CR-22697-AAA
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Do Not Publish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.