Opinion
No. 10-12-00008-CR
02-01-2012
IN RE DAYRIN L. ROBINSON
Original Proceeding
MEMORANDUM OPINION
The "petition for assembly," which we construe to be an original proceeding for post-conviction habeas corpus relief, is dismissed for lack of jurisdiction. See TEX. GOV'T CODE ANN. § 22.221 (West 2004); Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana 2005, orig. proceeding) (intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases); see also TEX. CODE CRIM. PROC. ANN. art. 55.02, §§ 1, 1a(a) (West Supp. 2011) (providing for filing of expunction petition in district court); id. art. 64.01(a-1) (West Supp. 2011) (providing for filing of motion for DNA testing in convicting court); TEX. FAM. CODE ANN. § 160.601 (West Supp. 2011) (providing for filing of civil proceeding to adjudicate parentage under rules of civil procedure).
The petition appears to seek DNA testing pertaining to Robinson's father and expunction of Robinson's criminal proceedings, all to show Robinson's "actual innocence" and, presumably, to result in his release from imprisonment.
The petition has numerous procedural deficiencies. It lacks all of the requirements of Rule of Appellate Procedure 52.3. See TEX. R. APP. P. 52.3. It lacks a record. See id. 52.3(k), 52.7(a). It lacks proof of service on the Respondent(s) and the Real-Party-in-Interest. See id. 9.1, 9.5, 52.2. Because of our disposition and to expedite it, we will implement Rule 2 and suspend these rules. Id. 2.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Judge Ralph Strother
Petition dismissed
Do not publish
[OT06]
The Honorable Ralph Strother, Judge of the 19th District Court, sitting by assignment of the Chief Justice of the Supreme Court of Texas pursuant to section 74.003(a) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(a) (West 2005).
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