Ex Parte Mark Aaron Thomas ( 2016 )


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  •                          COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-16-00448-CR
    EX PARTE MARK AARON
    THOMAS
    ----------
    FROM THE 297TH DISTRICT COURT OF TARRANT COUNTY
    TRIAL COURT NO. C-297-010626-1076371-A
    ----------
    MEMORANDUM OPINION1
    ----------
    Appellant Mark Aaron Thomas attempts to appeal from the Texas Court of
    Criminal Appeals’s denial of his application for writ of habeas corpus.        On
    November 28, 2016, we notified Thomas of our concern that we lack jurisdiction
    over this appeal because this court has no jurisdiction to review decisions of the
    1
    See Tex. R. App. P. 47.4.
    court of criminal appeals,2 and we informed him that this appeal was subject to
    dismissal for want of jurisdiction unless he or any party desiring to continue this
    appeal filed a response with this court by December 8, 2016, showing grounds
    for continuing the appeal. See Tex. R. App. P. 44.3. Thomas filed a response,
    but it does not show grounds for continuing the appeal. Accordingly, we dismiss
    this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); Ex parte Rogers,
    Nos. 02-11-00333-CR, 02-11-00334-CR, 02-11-00335-CR, 
    2011 WL 4414708
    , at
    *1 (Tex. App.—Fort Worth Sept. 22, 2011, no pet.) (mem. op., not designated for
    publication) (dismissing appeals for want of jurisdiction because appellant
    attempted to appeal from the court of criminal appeals’s denial of his applications
    for writ of habeas corpus).
    /s/ Lee Gabriel
    LEE GABRIEL
    JUSTICE
    PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.
    DO NOT PUBLISH
    Tex. R. App. P. 47.2(b)
    DELIVERED: December 22, 2016
    2
    See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a) (West 2015) (providing
    that “[a]fter final conviction in any felony case, the writ must be made returnable
    to the Court of Criminal Appeals of Texas at Austin, Texas”); accord Tex. Const.
    art. V, § 5 (providing that court of criminal appeals has final appellate jurisdiction
    on all questions of law in criminal matters).
    2
    

Document Info

Docket Number: 02-16-00448-CR

Filed Date: 12/22/2016

Precedential Status: Precedential

Modified Date: 12/26/2016