Dismissed and Opinion Filed September 4, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00973-CV
IN RE LOWELL DEQUINCY GREEN, Relator
Original Proceeding from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F89-97008-HT
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Bridges
In this original proceeding, relator seeks a writ of habeas corpus to reform a 1989 judgment
from the 283rd Judicial District Court of Dallas County and a 2013 judgment from the 54th Judicial
District Court of McLennan County. Relator complains that the McLennan County court
improperly stacked the two judgments and, as a result, his sentence changed from a thirty-year
sentence to a life sentence. We dismiss this proceeding for want of jurisdiction.
This proceeding is a collateral attack on a final conviction and, therefore, falls within the
scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal
Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of
Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id; Ater v. Eighth
Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding); In re McAfee,
53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Further, we lack
writ jurisdiction over the McLennan County court. See TEX. GOV’T CODE 22.221. Accordingly,
we dismiss this proceeding for want of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
180973F.P05
–2–
in Re: Lowell DeQuincy Green
Combined Opinion