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Hayes v. State

Court of Appeals of Texas, First District, Houston
Jan 29, 2009
Nos. 01-08-00988-CR, 01-08-00989-CR (Tex. App. Jan. 29, 2009)

Opinion

Nos. 01-08-00988-CR, 01-08-00989-CR

Opinion issued January 29, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 351st District Court Harris County, Texas, Trial Court Cause Nos. 1190731, 1190732.

Panel consists of Justices JENNINGS, KEYES, and HIGLEY.


MEMORANDUM OPINION


Appellant, Gerald Hayes, filed post-conviction applications for writs of habeas corpus in the trial court. The trial court denied the applications. Relator attempts to appeal to this Court. The denial of a application for a writ of habeas corpus may not be reviewed on appeal. See Williams v. Harmon, 788 S.W.2d 192, 193 (Tex.App.-Houston [1st Dist.] 1990, no pet.). The only remedy for the denial of an application for a writ of habeas corpus is to present the application to another judge having jurisdiction. Id. (citing Nichlos v. State, 255 S.W.2d 522, 526 (Tex.Crim.App. 1952)). Accordingly, we dismiss these appeals for want of jurisdiction. All pending motions are denied as moot.


Summaries of

Hayes v. State

Court of Appeals of Texas, First District, Houston
Jan 29, 2009
Nos. 01-08-00988-CR, 01-08-00989-CR (Tex. App. Jan. 29, 2009)
Case details for

Hayes v. State

Case Details

Full title:GERALD HAYES, Appellant v. THE STATE OF TEXAS

Court:Court of Appeals of Texas, First District, Houston

Date published: Jan 29, 2009

Citations

Nos. 01-08-00988-CR, 01-08-00989-CR (Tex. App. Jan. 29, 2009)