Opinion
No. WR-16,289-03
Filed March 21, 2007. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus from Dallas County.
Statement of WOMACK, J., respecting the dismissal of the application, in which PRICE and COCHRAN, JJ., joined.
The Court properly dismisses this application because post-conviction habeas corpus is not available for claims of defects in proceedings under Chapter 64 of the Code of Criminal Procedure. We so decided in Ex parte Baker, 185 S.W.3d 894 (Tex.Cr.App. 2006). In the same opinion we pointed out that a habeas applicant who claims his Chapter 64 application was mishandled may file another motion under Chapter 64 in the convicting court, which can process his motion correctly.