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Ex Parte Conger

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2010
No. 05-10-00938-CR (Tex. App. Aug. 9, 2010)

Opinion

No. 05-10-00938-CR

Opinion Filed August 9, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the 199th Judicial District Court, Collin County, Texas, Trial Court Cause No. 199-81630-09.

Before Justices O'NEILL, FRANCIS, and MURPHY.


MEMORANDUM OPINION


Dwayne Conger appealed the trial court's "denial of his request for court appointed attorney through his petition for writ of habeas corpus." A request for court appointed counsel is not cognizable by pretrial application for writ of habeas corpus, see Ex parte Wiese, 55 S.W.3d 617, 620-21 (Tex. Crim. App. 2001) (addressing cognizability by pretrial habeas corpus), nor is the denial of such request a final judgment or appealable interlocutory order. See Wright v. State, 969 S.W.2d 588 (Tex. App.-Dallas 1998, no pet.) (identifying what may be brought by interlocutory appeal). We dismiss the appeal for want of jurisdiction.

Seven days after appellant filed his notice of appeal, the trial court signed an order appointing new counsel. Therefore, it appears the matter of counsel has been resolved.


Summaries of

Ex Parte Conger

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2010
No. 05-10-00938-CR (Tex. App. Aug. 9, 2010)
Case details for

Ex Parte Conger

Case Details

Full title:EX PARTE DWAYNE CONGER

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 9, 2010

Citations

No. 05-10-00938-CR (Tex. App. Aug. 9, 2010)