Ex Parte Craig E. Mendenhall ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00404-CR
EX PARTE CRAIG E. MENDENHALL
Original Proceeding
MEMORANDUM OPINION
Craig E. Mendenhall filed an article 11.25 petition for writ of habeas corpus, also
known as a ‚medical writ,‛ with this Court. TEX. CODE CRIM. PROC. ANN. art. 11.25
(West 2005). He is serving time for a final felony conviction in a Texas Department of
Criminal Justice facility in Potter County. He also filed for relief under Article 5, Section
6 of the Texas Constitution.
By letter dated November 6, 2012, the Clerk of this Court notified Mendenhall
that his proceeding was subject to dismissal because it appeared this Court had no
jurisdiction to grant his petition. Mendenhall was further warned that the Court would
dismiss this proceeding unless, within 21 days of the date of the letter, a response was
filed showing grounds for continuing the proceeding. Mendenhall filed a response but
it does not show grounds for continuing the proceeding.
This Court does not have jurisdiction to grant an 11.25 writ of habeas corpus. See
TEX. CODE CRIM. PROC. ANN. arts. 11.05; 11.25 (West 2005); see also Ex parte Baltimore, 616
S.W.2d 205, 206-207 (Tex. Crim. App. 1981) (‚the phrase ‘legal custody’ as used…does
not contemplate a release after conviction of a felony.‛). Even if the Court has
jurisdiction to grant an 11.25 writ after a felony conviction, it does not have jurisdiction
over Potter County where it appears the writ, if available, should be filed. See TEX.
CODE CRIM. PROC. ANN. art. 11.27 (West 2005); TEX. GOV’T CODE ANN. § 22.201(k) (West
Supp. 2012). Further, because the Court does not have jurisdiction over Potter County,
it does not have jurisdiction to issue a writ pursuant to Article 5, § 6 of the Texas
Constitution.
This original proceeding is dismissed. See TEX. R. APP. P. 44.3. Mendenhall’s
motion for leave to file his petition is dismissed as moot.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition dismissed
Opinion delivered and filed December 6, 2012
Do not publish
[CR25]
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