Jessie Jackson v. State ( 1995 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



NO. 03-95-00300-CR



Jessie Jackson, Appellant

v.

The State of Texas, Appellee



FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT NO. 94-087, HONORABLE BILL BENDER, JUDGE PRESIDING

PER CURIAM

On May 23, 1995, this Court received a notice of appeal in this cause. We have since been informed that appellant is seeking to prosecute a post-conviction writ of habeas corpus pursuant to article 11.07. Tex. Code Crim. Proc. Ann. art. 11.07, § 2 (West Supp. 1995).

Post-conviction writs of habeas corpus in felony cases are returnable to the Court of Criminal Appeals. Art. 11.07, § 2(a). When the petition is received by the convicting court, the writ issues by operation of law and a copy of the petition is forwarded to the prosecuting attorney for an answer. Art. 11.07, § 2(b). It is the duty of the convicting court to decide whether there are controverted issues material to the legality of the applicant's confinement and to transmit its findings and conclusions, if any, to the Court of Criminal Appeals. Art. 11.07, § 2(c), (d).

Because the underlying judgment of conviction is final and because this Court has no jurisdiction over post-conviction habeas corpus applications in felony cases, the appeal is dismissed.

Before Justices Powers, Kidd and B. A. Smith

Dismissed

Filed: June 7, 1995

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