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Ex Parte Maxey

Court of Appeals of Texas, Tenth District, Waco
Oct 6, 2010
No. 10-10-00345-CR (Tex. App. Oct. 6, 2010)

Opinion

No. 10-10-00345-CR

Opinion delivered and filed October 6, 2010. DO NOT PUBLISH.

Appealed from the 272nd District Court, Brazos County, Texas, Trial Court No. 09-04881-CRF-272. Dismissed.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.


MEMORANDUM OPINION


Timothy L. Maxey has filed an application for writ of habeas corpus under Article 11.07 of the Code of Criminal Procedure with respect to his felony conviction and 17-month sentence for possession of marijuana. This court, as an intermediate court of appeals, has no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.-Texarkana 2005, orig. proceeding) ("Our law requires post-conviction applications for writs of habeas corpus, for felony cases in which the death penalty was not assessed, to be filed in the court of original conviction, made returnable to the Texas Court of Criminal Appeals.") (citing TEX. CODE CRIM. PROC. ANN. art. 11.07(3)(a), (b)). Because we have no jurisdiction over this post-conviction habeas corpus proceeding, we dismiss it.


Summaries of

Ex Parte Maxey

Court of Appeals of Texas, Tenth District, Waco
Oct 6, 2010
No. 10-10-00345-CR (Tex. App. Oct. 6, 2010)
Case details for

Ex Parte Maxey

Case Details

Full title:EX PARTE TIMOTHY L. MAXEY

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Oct 6, 2010

Citations

No. 10-10-00345-CR (Tex. App. Oct. 6, 2010)

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