Ex Parte Albert Dawson, Jr. ( 2017 )


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  •                                   IN THE
    TENTH COURT OF APPEALS
    No. 10-17-00133-CR
    EX PARTE ALBERT DAWSON, JR.
    From the 77th District Court
    Limestone County, Texas
    Trial Court No. 13561-A
    MEMORANDUM OPINION
    Albert Dawson, Jr., has filed a “Notice of Appeal in Habeas Corpus.” It states that
    we have “jurisdiction to hear this appeal from [the] trial court’s order denying habeas
    corpus relief.”   However, this Court, as an intermediate court of appeals, has no
    jurisdiction over post-conviction writs of habeas corpus in felony cases. See TEX. CODE
    CRIM. PROC. ANN. art. 11.07, § 3(a), (b) (West 2015); 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)).
    Accordingly, we dismiss this appeal for want of jurisdiction.
    REX D. DAVIS
    Justice
    Before Chief Justice Gray,
    Justice Davis, and
    Justice Scoggins
    Dismissed
    Opinion delivered and filed May 24, 2017
    Do not publish
    [CR25]
    Ex parte Dawson                                           Page 2
    

Document Info

Docket Number: 10-17-00133-CR

Filed Date: 5/24/2017

Precedential Status: Precedential

Modified Date: 5/30/2017