Ex Parte: Vera Elizabeth Guthrie-Nail ( 2021 )

DISMISS and Opinion Filed June 18, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00442-CR
EX PARTE VERA ELIZABETH GUTHRIE-NAIL
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-80635-2012
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Myers, and Justice Garcia
Opinion by Chief Justice Burns
Vera Elizabeth Guthrie-Nail filed an article 11.07 application writ for habeas
corpus in the 401st Judicial District Court. The trial court recommended denying the
application and ordered the clerk of the court to transmit a copy of the application,
the State’s response, and the trial court’s order to the Texas Court of Criminal
Appeals. On June 14, 2021, the Collin County District Clerk forwarded Vera
Elizabeth Gutherie-Nail’s notice of appeal to this Court, along with the trial court’s
findings of fact and conclusions of law.
The habeas corpus procedure set out in article 11.07 of the Texas 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. Article
11.07 vests jurisdiction over post-conviction relief from final felony convictions in
the Texas Court of Criminal Appeals. See id. § 3(a); Padieu v. Court of Appeals of
Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); Hoang v. State, 872
S.W.2d 694, 697 (Tex. Crim. App. 1993). There is no role for the intermediate courts
of appeals in the procedure set out in article 11.07. See TEX. CODE CRIM. PROC. ANN.
art. 11.07, § 3; Ater v. Eight Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.
App. 1991) (orig. proceeding).
Because we lack jurisdiction over this appeal, we direct the Collin County
District Clerk to send a copy of the application, the State’s response, and the trial
court’s order to the Texas Court of Criminal Appeals.
We dismiss this appeal.
/Robert D. Burns, III/
ROBERT D. BURNS, III
Do Not Publish CHIEF JUSTICE
TEX. R. APP. P. 47.2(b)
210442F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EX PARTE VERA ELIZABETH On Appeal from the 401st Judicial
GUTHRIE-NAIL District Court, Collin County, Texas
Trial Court Cause No. 401-80635-
No. 05-21-00442-CR 2012.
Opinion delivered by Chief Justice
Burns. Justices Myers and Garcia
participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered June 18, 2021
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