TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00662-CR
Robert Lee Martin, Appellant
v.
The State of Texas, Appellee
FROM THE 331ST DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-DC-95-955530, THE HONORABLE CHANTAL ELDRIDGE, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Robert Lee Martin, an inmate proceeding pro se, appeals from an order
denying his “Motion to Dismiss Vacate Case Cause No. 955530.” Martin appears to allege that
the Affidavit for Warrant of Arrest and Detention supporting his arrest warrant was defective in
violation of his due process rights and that, consequently, “all proceedings and trial court
judgment are v[oi]d.” We lack jurisdiction over the appeal.
Martin was convicted by a jury of aggravated sexual assault on June 7, 2001 and
sentenced to life imprisonment and a $10,000 fine. We affirmed his judgment of conviction.
See Martin v. State, No. 03-02-00435-CR, 2003 WL 21087732, at *1 (Tex. App.—Austin
May 15, 2003, pet. ref’d) (mem. op., not designated for publication). He has on two prior
occasions appealed the denial of post-trial motions seeking to vacate or dismiss his conviction
because of alleged jurisdictional infirmities. See Martin v. State, No. 03-18-00448-CR,
2018 WL 4039587, at *1 (Tex. App.—Austin Aug. 24, 2018, no pet.) (mem. op., not designated
for publication) (Martin II); Martin v. State, No. 03-10-00075-CR, 2010 WL 3431681 (Tex.
App.—Austin Aug. 31, 2010, pet. ref’d) (mem. op., not designated for publication) (Martin III).
Each time, we determined that his motion was substantively a post-conviction application for
writ of habeas corpus because he sought to challenge the trial court’s jurisdiction and collaterally
attack his conviction. See Martin II, 2018 WL 4039587, at *2; Martin III, 2010 WL 3431681,
at *2.
The present case is no different; consistent with our previous decisions, we find
that Martin’s current appeal is in substance an application for writ of habeas corpus for which
exclusive jurisdiction rests with the Texas Court of Criminal Appeals under article 11.07 of the
Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 11.07, §§ 3(a), 5; See
Martin II, 2018 WL 4039587, at *2; Martin III, 2010 WL 3431681, at *2. Accordingly, we
dismiss this appeal for want of jurisdiction.
__________________________________________
Edward Smith, Justice
Before Chief Justice Byrne, Justices Kelly and Smith
Dismissed for Want of Jurisdiction
Filed: June 3, 2022
Do Not Publish
2
Robert Lee Martin v. the State of Texas
Combined Opinion