Court of Civil Appeals of Texas, 2013

David Cleo Richard v. State

David Cleo Richard v. State
Court of Civil Appeals of Texas · Decided June 27, 2013

David Cleo Richard v. State

Opinion

Opinion issued June 27, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00366-CR ——————————— DAVID CLEO RICHARD, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court Harris County, Texas Trial Court Cause No. 473584

MEMORANDUM OPINION Appellant, David Cleo Richard, was convicted of aggravated robbery on June 27, 1988. Richard filed a timely notice of appeal on July 8, 1988, and we issued an opinion affirming the trial court’s judgment on April 26, 1990. Richard v. State, 788 S.W.2d 917 (Tex. App.—Houston [1st Dist.] 1990, no pet.). Our mandate issued on June 11, 1990.

Richard filed additional notices of appeal on June 9, 2009 and December 29, 2009. We dismissed both of those appeals for lack of jurisdiction. Richard v. State, No. 01-10-00025-CR, 2011 WL 6306664 (Tex. App.—Houston [1st Dist.]

Dec. 15, 2011, no pet.) (not designated for publication); Richard v. State, No. 01- 09-00558-CR, 2009 WL 3050818 (Tex. App.—Houston [1st Dist.] Sept. 18, 2009, no pet.) (not designated for publication).

On April 10, 2013, Richard filed another notice of appeal.

Richard’s conviction became final on June 11, 1990. Pursuant to article 11.07 of the Texas Code of Criminal Procedure, exclusive post-conviction jurisdiction of the case has passed to the Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2012); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995).

Accordingly, we dismiss the appeal. See TEX. R. APP. P. 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Jennings, Brown, and Huddle.

Do not publish. TEX. R. APP. P. 47.2(b).

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