Ex Parte Gary Don Taylor ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00146-CR
EX PARTE GARY DON TAYLOR
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. C-371-009717-1201358-A
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MEMORANDUM OPINION 1
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Appellant is attempting to appeal from the court of criminal appeals’s 2013
denial of his postconviction application for writ of habeas corpus. See Tex. Code
Crim. Proc. Ann. art. 11.07 (West 2015). Appellant has not responded to this
court’s May 14, 2015 letter questioning our jurisdiction over such an attempted
appeal, nor have we found any authority allowing such an appeal. See, e.g., id.
§ 5 (“After conviction the procedure outlined in this Act shall be exclusive and any
other proceeding shall be void and of no force and effect in discharging the
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See Tex. R. App. P. 47.4.
prisoner.”); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.
App. 1991) (orig. proceeding) (holding that court of appeals usurped court of
criminal appeals’s exclusive authority to grant habeas relief from final felony
conviction); cf. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115,
117–18 (Tex. Crim. App. 2013) (orig. proceeding) (contrasting court of appeals’s
authority to rule on matters potentially related to forthcoming, but not pending,
11.07 application with the court of criminal appeals’s exclusive jurisdiction to
grant postconviction relief). Accordingly, we dismiss the appeal for want of
jurisdiction.
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: July 30, 2015
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