Ex Parte Dwight Ervine Brown ( 2012 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00517-CR
Ex parte Dwight Ervine Brown § From the 158th District Court
§ of Denton County (F-90-579-B)
§ December 21, 2012
§ Per Curiam
§ (nfp)
JUDGMENT
This court has considered the record on appeal in this case and holds that
the appeal should be dismissed. It is ordered that the appeal is dismissed for
want of jurisdiction.
SECOND DISTRICT COURT OF APPEALS
PER CURIAM
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00515-CR
NO. 02-12-00516-CR
NO. 02-12-00517-CR
NO. 02-12-00518-CR
EX PARTE DWIGHT ERVINE
BROWN
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FROM THE 158TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION1
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Appellant Dwight Ervine Brown pleaded guilty pursuant to a plea bargain to
the felony offenses of burglary of a habitation, aggravated robbery, and two
counts of aggravated sexual assault. He subsequently filed an application for
writ of habeas corpus in the trial court “seeking to obtain a copy of his complete
trial records without cost.” The district clerk returned the application to Brown
because it did not comply with rule of appellate procedure 73.1. See Tex. R.
1
See Tex. R. App. P. 47.4.
2
App. P. 73.1 (requiring use of specific form for application for post-conviction
habeas corpus relief from felony case). In his notice of appeal, Brown stated that
he considered the application denied by operation of law.
As one of our sister courts recently observed,
This court has jurisdiction over criminal appeals only when
expressly granted by law. No statute vests this court with jurisdiction
over an appeal from an order denying a request for a free copy of
the trial record when such a request is not presented in conjunction
with a timely filed direct appeal. Furthermore, an intermediate court
of appeals has no jurisdiction over post-conviction writs of habeas
corpus in felony cases.
Williamson v. State, Nos. 10-12-00146-CR, 10-12-00147-CR, 10-12-00148-CR,
10-12-00149-CR, 2012 WL 2353684, at *1 (Tex. App.—Waco June 13, 2012, no
pet.) (mem. op., not designated for publication) (citations omitted).
On October 29, 2012, we notified Brown of our concern that this court
lacked jurisdiction over these appeals, and we informed him that unless he or
any party desiring to continue the appeals filed with the court, on or before
November 19, 2012, a response showing grounds for continuing the appeals, the
appeals would be dismissed for want of jurisdiction. See Tex. R. App. P. 44.3.
We have received no response. Accordingly, we dismiss these appeals for want
of jurisdiction. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
3
DELIVERED: December 21, 2012
4