Robert Lee Hicks v. State ( 2020 )

Opinion issued February 25, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00017-CR
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ROBERT LEE HICKS, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Cause No. 1327680
MEMORANDUM OPINION
On July 16, 2012, appellant, Robert Lee Hicks, was convicted of possession
of a controlled substance and sentenced to 20 years in prison (trial court cause
number 1327680). Appellant appealed his conviction and we issued an opinion
affirming the conviction on January 7, 2014. See Hicks v. State, No. 01-12-00641-
CR, 2014 WL 50808 (Tex. App.—Houston [1st Dist.] Jan. 7, 2014, pet. ref’d
(mem. op., not designated for publication). The Court of Criminal Appeals refused
appellant’s petition for discretionary review on April 30, 2014 and our mandate
issued on May 30, 2014.
On December 12, 2019, appellant filed a notice of appeal with the trial court,
arguing that he is appealing the denial of his nunc pro tunc.1 On January 29, 2020,
appellant filed a motion to dismiss his underlying conviction, raising issues with
his underlying conviction.
The relief sought by appellant can only be granted by a post-conviction writ
of habeas corpus. Only the Texas Court of Criminal Appeals has jurisdiction to
grant such relief in final post-conviction felony proceedings, which are governed
by Article 11.07 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM.
PROC. 11.07; Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996); Bd.
Of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910
S.W.2d 481, 483 (Tex. (Tex. Crim. App. 1995). Because appellant’s conviction
became final on May 30, 2014, this is a final post-felony conviction proceeding
and we have no jurisdiction over the appeal. See Medina v. State, No. 01-14-
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On September 16, 2019, appellant filed a petition for writ of mandamus requesting
that we compel the trial court to rule on his motion for nunc pro tunc. We denied
the petition on November 14, 2019. See In re Hicks, No. 01-19-00690-CR, 2019
WL 5996617 (Tex. App.—Houston [1st Dist.] Nov. 14, 2019, orig. proceeding).
2
00117-CR, 2014 WL 1494304, at *1–2 (Tex. App.—Houston [1st Dist.] Apr. 15,
2014, no pet.) (mem. op., not designated for publication) (dismissing appeals of
final post-judgment felony proceedings for lack of jurisdiction).
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX.
R. APP. P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Landau and Hightower.
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