Ricky Lee Jenkins v. State ( 2007 )


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  • Opinion issued August 30, 2007

























    In The

    Court of Appeals

    For The

    First District of Texas

    ____________



    NO. 01-06-00894-CR

    ____________



    IN RE RICKY LEE JENKINS, Relator




    On Appeal from County Criminal Court at Law No. 7

    Harris County, Texas

    Trial Court Cause No. 1365187




    MEMORANDUM OPINION   Relator, Ricky Lee Jenkins, filed a post-conviction application for writ of habeas corpus in the County Court at Law No. 7 of Harris County. According to the clerk's record filed in this Court, the trial judge never issued the writ. Relator attempts to appeal to this Court.

    Denial of the writ may not be reviewed on appeal. See Williams v. Harmon, 788 S.W.2d 192, 193 (Tex. App.--Houston [1st Dist.] 1990, no pet.); see also Ex parte Fowler, 573 S.W.2d 241, 244 (Tex. Crim. App. 1978). The only remedy for denial of the writ is to present the application to another judge having jurisdiction. Williams, 788 S.W.2d at 193 (citing Nichlos v. State, 255 S.W.2d 522, 526 (Tex. Crim. App. 1952)).

    Accordingly, we dismiss this appeal for want of jurisdiction.

    We deny all pending motions.

    PER CURIAM

    Panel consists of Justices Taft, Jennings, and Alcala.

    Do not publish. Tex. R. App. P. 47.2(b).

Document Info

Docket Number: 01-06-00894-CR

Filed Date: 8/30/2007

Precedential Status: Precedential

Modified Date: 9/3/2015