Ex Parte Donald Ray McCray

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-21-00169-CR
EX PARTE DONALD RAY MCCRAY
ORIGINAL PROCEEDING ON APPLICATION FOR WRIT OF HABEAS CORPUS
July 28, 2021
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and PARKER, JJ.
Appearing pro se, Donald Ray McCray filed a compilation of documents which
included a request that he be released from prison due to improper sentencing. We
construe the documents to be an application for writ of habeas corpus with this Court
challenging a final felony conviction. However, as an intermediate court of appeals, we
do not have original habeas corpus jurisdiction in criminal matters. See TEX. GOV’T CODE
ANN. § 22.221(d) (West Supp. 2020) (limiting original habeas jurisdiction of intermediate
appellate courts to civil matters); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El
Paso 1994, orig. proceeding) (per curiam). That jurisdiction instead rests with the Court
of Criminal Appeals, the district courts, and the county courts. TEX. CODE CRIM. PROC.
ANN. art. 11.05 (West 2015); Ex parte Hawkins, 885 S.W.2d at 588. And only the Court
of Criminal Appeals has authority to grant post-conviction habeas relief in felony cases.
See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015); Ex parte Alexander, 685 S.W.2d
57, 60 (Tex. Crim. App. 1985).
For these reasons, we dismiss McCray’s application for writ of habeas corpus for
want of jurisdiction.
Per Curiam
Do not publish.