IN RE: JESSE RIOS (2017)

Memorandum Opinion 1

Relator Jessie Rios, proceeding pro se, has filed an “Application for Writ of Error—Coram Nobis.” A petition for coram nobis is “a writ of error directed to a court for review of its own judgment and predicated on alleged errors of fact.” BLACK'S LAW DICTIONARY 362 (8th ed. 2004); see In re Reyes, 195 S.W.3d 127, 127 (Tex. App.—Waco 2005, orig. proceeding). “The purpose of the writ of error coram nobis is to bring before the court rendering the judgment matters of fact which, if known at the time the judgment was rendered, would have prevented its rendition.” Ex parte McKenzie, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930). The common-law writ of coram nobis has no application in Texas. Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952); see also In re J.M.W., No. 12-17-00091-CV, 2017 WL 1246858, at *1 (Tex. App.—Tyler Apr. 5, 2017, orig. proceeding) (mem. op. per curiam); In re Parker, No. 03-17-00183-CV, 2017 WL 1228891, at *1 (Tex. App.—Austin Mar. 31, 2017, orig. proceeding) (mem. op.)

The habeas corpus procedure set out in article 11.07 of the Code of Criminal Procedure provides the exclusive remedy for felony post-conviction relief in Texas state court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 3(a), 5 (West, Westlaw through 2015 R.S.). Article 11.07 vests jurisdiction over post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals. See id. § 3(a); Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); see also In re Parker, 2017 WL 1228891, at *1.

The Court, having examined and fully considered the “Application for Writ of Error—Coram Nobis” and the applicable law, is of the opinion that we lack jurisdiction over this matter. Accordingly, we dismiss the “Application for Writ of Error—Coram Nobis” and all relief sought in this cause for want of jurisdiction.

FOOTNOTES

1.   See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).

ROGELIO VALDEZ Chief Justice