Ex Parte Theodore Timothy Demaree ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00576-CR
Ex parte Theodore Timothy Demaree
FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY
NO. 16-3332-K368, THE HONORABLE RICK J. KENNON, JUDGE PRESIDING
MEMORANDUM OPINION
Theodore Timothy Demaree was convicted in 2017 of the offenses of aggravated
robbery with a deadly weapon and unlawful possession of a firearm by a felon. This
Court affirmed his convictions on appeal. See Demaree v. State, No. 03-17-00710-CR,
2018 WL 5668281, at *6 (Tex. App.—Austin Nov. 1, 2018, no pet.) (mem. op., not designated
for publication). In August 2022, Demaree filed in the Court of Criminal Appeals an Article
11.07 application for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.07, § 3(a).
Pursuant to Article 11.07, the district court that convicted Demaree made findings of fact and
conclusions of law, and Demaree has filed in this Court a notice of appeal from the district
court’s findings. However, only the Court of Criminal Appeals has jurisdiction to review the
district court’s findings under Article 11.07. See id. art. 11.07, § 3(d); Ater v. Eighth Court of
Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also Ex parte Alexander, 685 S.W.2d
57, 60 (Tex. Crim. App. 1985) (“It is well established that only the Court of Criminal Appeals
possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there
is a final felony conviction.”). Accordingly, we dismiss Demaree’s appeal for want
of jurisdiction.
__________________________________________
Gisela D. Triana, Justice
Before Chief Justice Byrne, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: October 31, 2022
Do Not Publish
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