Ex Parte Alfred Lee Stone v. State ( 2006 )

NO. 07-06-0236-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JUNE 14, 2006
______________________________
EX PARTE ALFRED LEE STONE
_______________________________
Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Alfred Lee Stone, an inmate proceeding pro se, has filed an application for a writ of
habeas corpus seeking relief from a final conviction for aggravated assault. He argues the
indictment was defective thereby denying him the right to prepare a proper defense and his
right to due process of law. We dismiss for want of jurisdiction.
This Court has original jurisdiction only in cases specifically prescribed by law. See
TEX . CONST . art. 5, § 6; Tex. Gov’t Code Ann. §§ 22.220 and 22.221 (Vernon 2004). Article
11.05 of the Texas Code of Criminal Procedure lists the courts which are authorized to
issue a writ of habeas corpus. Absent from that list are courts of appeals. See Kim v.
State, 181 S.W.3d 448, 449 (Tex.App.–Waco 2005, no pet.),
A post-conviction application for a writ of habeas corpus for a felony in which the
death penalty was not assessed must be filed in the court of original conviction and made
returnable to the Texas Court of Criminal Appeals. See Tex. Code Crim. Proc. Ann. art.
11.07(3)(a), (b) (Vernon 2005). Thus, we do not have jurisdiction to entertain Stone’s
application.
Accordingly, this proceeding is dismissed for want of jurisdiction.
Don H. Reavis
Justice
Do not publish.
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