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Kriss Ray Camp v. State
07-11-00331-CR
| Tex. App. | Feb 10, 2017
|
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Case Information

*1 Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Kriss Camp, a prison inmate appearing pro se, has filed a document with the Court seeking relief from his 2011 conviction for the offense of assault causing bodily injury to a family member. He asserts the evidence used to enhance the convicting offense to a third- degree felony was insufficient. In 2013, we affirmed Camp’s

conviction in this case and his petition for discretionary review was refused by the Texas Court of Criminal Appeals. [1] Our mandate issued in April 2013.

*2 For two reasons we lack jurisdictio n to consider the merits of Camp’s complaint. First, if Camp intends his request as a post-judgment motion, such as for rehearing, this C ourt’s plenary power to vacate or modify its judgment expired 60 days after the judgment issued on January 25, 2013. See T EX . R. A PP . P. 19.1(a) (expiration of plenary power when no motion for rehearing filed); 19.3 (court of appeals cannot vacate or modify its judgment after expiration of plenary power). Second, if Camp intends his filing to initiate an original proceeding, the relief he seeks is clearly from a final felony conviction. Jurisdiction to grant such relief lies exclusively with the Texas Court of Criminal Appeals. Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985) (“ It is well established that only the Court of Criminal Appeals possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction”) ; T EX . C ODE C RIM . P ROC . A NN . art. 11.07 § 5 (West 2015).

Because we have no jurisdiction to consider Camp’s request for relief, it is dismissed.

It is so ordered.

Per Curiam Do not publish.

2

[1] See Camp v. State, No. 07-11-00331-CR, 2013 Tex. App. LEXIS 740 (Tex. App. — Amarillo Jan. 25, 2013, pet. refused) (mem. op., not designated for publication).

Case Details

Case Name: Kriss Ray Camp v. State
Court Name: Court of Appeals of Texas
Date Published: Feb 10, 2017
Docket Number: 07-11-00331-CR
Court Abbreviation: Tex. App.
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