Rhondy Davis v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00852-CR
Rhondy Davis, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT
NO. D-1-DC-13-300423, HONORABLE P. DAVID WAHLBERG, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Rhondy Davis, appearing pro se, filed a “Motion to Appeal by Permission”
in the trial court, stating that he desires to “appeal to the Texas Court of Criminal Appeals under
Rule 5 of the Federal Rules of Appellate Procedure from the judgment from order of application
for habeas corpus relief under 28 U.S.C. § 2254, No. W-15-CA-212.” He indicates that on
October 13, 2016, the federal court denied his application for failure to exhaust his claim in the
Texas Court of Criminal Appeals.1 This Court lacks jurisdiction to grant habeas corpus relief from
final felony convictions. See Tex. Code Crim. Proc. art. 11.07 (establishing procedure for
application for writ of habeas corpus). Article 11.07 provides the exclusive means to challenge a
1
The record reflects that on July 30, 2014, the Texas Court of Criminal Appeals dismissed
Davis’s application for writ of habeas corpus without written order for non-compliance with Texas
Rule of Appellate Procedure 73.1.
final felony conviction.2 Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth
Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). Accordingly, we dismiss the appeal for want
of jurisdiction.
__________________________________________
Cindy Olson Bourland, Justice
Before Chief Justice Rose, Justices Field and Bourland
Dismissed for Want of Jurisdiction
Filed: January 13, 2017
Do Not Publish
2
“An application for writ of habeas corpus filed after final conviction in a felony case, other
than a case in which the death penalty is imposed, must be filed with the clerk of the court in which
the conviction being challenged was obtained, and the clerk shall assign the application to that court.
When the application is received by that court, a writ of habeas corpus, returnable to the Court of
Criminal Appeals, shall issue by operation of law.” Tex. Crim. Proc. Code Ann. art. 11.07 § 3(b).
2