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Ex Parte McCoin

Court of Appeals of Texas, Sixth District, Texarkana
Sep 23, 2004
No. 06-04-00133-CR (Tex. App. Sep. 23, 2004)

Opinion

No. 06-04-00133-CR

Submitted September 22, 2004.

Decided September 23, 2004. DO NOT PUBLISH.

Original Habeas Corpus Proceeding.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


In 2000, a jury convicted Benjamin Wayne McCoin for trying to kill his ex-wife and her husband by blowing them up with dynamite. See McCoin v. State, 56 S.W.3d 609 (Tex.App.-Texarkana 2001, no pet.). McCoin was sentenced to ninety-nine years' imprisonment, and this Court affirmed the conviction on direct appeal. See id. McCoin has now filed a "writ of unassigned error" asking us to reverse his conviction. Because McCoin's writ application amounts to a collateral attack on his conviction, and because we lack jurisdiction to consider such applications, we dismiss this case. This Court has jurisdiction only where expressly granted by statute. Apolinar v. State, 820 S.W.2d 792, 794 (Tex.Crim.App. 1991). No statute vests this Court with jurisdiction over original applications for post-conviction writs of habeas corpus. Instead, such writs must be filed with the original court of conviction and made returnable to the Texas Court of Criminal Appeals in Austin. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2004-2005). Accordingly, we dismiss McCoin's application for want of jurisdiction.


Summaries of

Ex Parte McCoin

Court of Appeals of Texas, Sixth District, Texarkana
Sep 23, 2004
No. 06-04-00133-CR (Tex. App. Sep. 23, 2004)
Case details for

Ex Parte McCoin

Case Details

Full title:EX PARTE BENJAMIN WAYNE McCOIN

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Sep 23, 2004

Citations

No. 06-04-00133-CR (Tex. App. Sep. 23, 2004)