IN RE: James Ray Parker

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Court of Appeals of Texas, Austin.

IN RE: James Ray Parker

NO. 03-17-00183-CV

Decided: March 31, 2017

Before Chief Justice Rose, Justices Field and Bourland


James Ray Parker has filed a “Writ of error Coram Nobis.” The purpose of a 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 Texas Court of Criminal Appeals has long held that this common-law writ has no application in this state. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952); In re Johnson, No. 03-16-00277-CV, 2016 WL 1756707 (Tex. App.—Austin Apr. 27, 2016, no pet.) (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. art. 11.07, §§ 3(a), 5. Article 11.07 vests complete 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); In re Wood, No. 03-16-000651-CV, 2016 WL 6575240, at *1 (Tex. App.—Austin Nov. 2, 2016, no pet.) (mem. op.).

Accordingly, we dismiss Parker's “Writ of error Coram Nobis” for want of jurisdiction.

Scott K. Field, Justice