Brian Davenport v. State

IN THE
TENTH COURT OF APPEALS
No. 10-21-00037-CR
BRIAN DAVENPORT,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2019-792-C1
MEMORANDUM OPINION
Brian Davenport filed a notice of appeal attempting to appeal from the trial court’s
order denying his motion for release based upon Article 17.151 of the Texas Code of
Criminal Procedure and his motion to dismiss based upon the denial of his motion for
speedy trial. Because we do not have jurisdiction to consider the trial court’s order
denying Davenport’s motions, we dismiss the appeal for lack of jurisdiction. The Code
of Criminal Procedure provides that a person who is confined after indictment on a felony
charge may apply for a writ of habeas corpus in the district court in which he is indicted.
See TEX. CRIM. PROC. ANN. ART. 11.08. We note that a notice of appeal may be filed from
the denial of such application. See Greenwell v. Court of Appeals for Thirteenth Jud. Dist.,
159 S.W.3d 645, 650 (Tex. Crim. App. 2005).
JOHN E. NEILL
Justice
Before Chief Justice Gray,
Justice Neill, and
Justice Johnson
Appeal dismissed
Opinion delivered and filed March 10, 2021
Do not publish
[CR25]
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