Opinion
No. 07-20-00212-CR
08-27-2020
EX PARTE RICKY MORRISON
OPINION ON ORIGINAL PROCEEDING FOR WRIT OF HABEAS CORPUS
MEMORANDUM OPINION
Before QUINN, C.J., and PIRTLE and DOSS, JJ.
Appearing pro se, Ricky Morrison has filed an application for writ of habeas corpus with this Court seeking to set aside a final felony conviction.
Morrison was previously convicted of aggravated sexual assault. This Court affirmed the conviction on appeal. See Morrison v. State, No. 07-07-00401-CR, 2010 Tex. App. LEXIS 1165, at *18 (Tex. App.—Amarillo Feb. 18, 2010, pet. ref'd) (mem. op., not designated for publication). On August 14, 2020, Morrison filed a "Formal Request 28 U.S.C. § 2254, 28 U.S.C. § 2243" and a "Voluntary Motion to Dismiss any Frivolous Petitions 28 U.C.S. § 2243, 2254" challenging his conviction. We have construed these documents as seeking habeas corpus relief. See Ex parte Gray, 649 S.W.2d 640, 642 (Tex. Crim. App. 1983) (requiring courts to look to the substance of the relief sought, rather than the nomenclature or form of the pleading).
An intermediate court of appeals does not have original habeas corpus jurisdiction in criminal law matters. See TEX. GOV'T CODE ANN. § 22.221(d) (West Supp. 2019) (limiting original habeas corpus jurisdiction of intermediate courts of appeals to civil matters); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding) (per curiam). Instead, habeas jurisdiction in criminal proceedings rests with the Court of Criminal Appeals, the district courts, and the county courts. TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015); Hawkins, 885 S.W.2d at 588. 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).
Accordingly, we dismiss Morrison's application for writ of habeas corpus for want of jurisdiction.
Per Curiam Do not publish.