Willie Seals v. State

IN THE

TENTH COURT OF APPEALS

No. 10-05-00136-CR

Willie Seals,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 54th District Court

McLennan County, Texas

Trial Court # 96-496-C

MEMORANDUM Opinion

          Willie Seals was convicted of indecency with a child and sentenced to 15 years in prison.  He appealed his conviction, and in 1999, this Court affirmed his conviction. Seals filed a petition for discretionary review with the Court of Criminal Appeals.  The petition was refused.

          Seals has now filed a “Motion for New Trial or in the Alternative – Post-Trial Hearing for Juror Misconduct, With Brief in Support.”  Although this document, because it was addressed to the appellate clerk, could possibly be a new appeal, we believe it to be a post conviction writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004-2005). 

          We have no jurisdiction of post conviction writs of habeas corpus.  See Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon 1977); see also Nix v. State, 65 S.W.3d 664, 670 n. 26 (Tex. Crim. App. 2001).  

          Accordingly, we dismiss the writ for want of jurisdiction and forward a copy of the writ to the trial court and the Court of Criminal Appeals for an appropriate disposition, wherever that may be.  

                                                                                    TOM GRAY

                                                                                    Chief Justice

Before Chief Justice Gray,

            Justice Vance, and

            Justice Reyna

Writ dismissed

Opinion delivered and filed March 9, 2005

Do not publish

[OT06]