Ex Parte Timothy L. Maxey ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-10-00345-CR
EX PARTE TIMOTHY L. MAXEY
From the 272nd District Court
Brazos County, Texas
Trial Court No. 09-04881-CRF-272
MEMORANDUM OPINION
Timothy L. Maxey has filed an application for writ of habeas corpus under
Article 11.07 of the Code of Criminal Procedure with respect to his felony conviction
and 17-month sentence for possession of marijuana. This court, as an intermediate
court of appeals, has no jurisdiction over post-conviction writs of habeas corpus in
felony cases. See Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana 2005,
orig. proceeding) (“Our law requires post-conviction applications for writs of habeas
corpus, for felony cases in which the death penalty was not assessed, to be filed in the
court of original conviction, made returnable to the Texas Court of Criminal Appeals.”)
(citing TEX. CODE CRIM. PROC. ANN. art. 11.07(3)(a), (b)).
Because we have no jurisdiction over this post-conviction habeas corpus
proceeding, we dismiss it.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Dismissed
Opinion delivered and filed October 6, 2010
Do not publish
[OT06]
Ex parte Maxey Page 2