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McIntyre v. State

Court of Appeals Ninth District of Texas at Beaumont
Aug 14, 2013
NO. 09-13-00274-CR (Tex. App. Aug. 14, 2013)

Opinion

NO. 09-13-00274-CRNO. 09-13-00275-CR

08-14-2013

JOE FRANK MCINTYRE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 07-01252, 07-02345


MEMORANDUM OPINION

Appellant Joe Frank McIntyre was convicted of two charges of felony driving while intoxicated. McIntyre attempts to appeal the trial court's denial of his motion for a free record to pursue a post-conviction writ of habeas corpus.

This Court has jurisdiction over criminal appeals only when expressly granted by law. Everett v. State, 91 S.W.3d 386, 386 (Tex. App.—Waco 2002, no pet.). No statute vests this Court with jurisdiction over an appeal from an order denying a request for a free copy of the trial record when the request is not presented in conjunction with a timely-filed direct appeal. Id.; see Self v. State, 122 S.W.3d 294, 294-95 (Tex. App.—Eastland 2003, no pet.). An intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases. Self, 122 S.W.3d at 295; see also Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West Supp. 2012). Accordingly, the appeals are dismissed for want of jurisdiction.

APPEALS DISMISSED.

______________________

DAVID GAULTNEY

Justice
Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ.


Summaries of

McIntyre v. State

Court of Appeals Ninth District of Texas at Beaumont
Aug 14, 2013
NO. 09-13-00274-CR (Tex. App. Aug. 14, 2013)
Case details for

McIntyre v. State

Case Details

Full title:JOE FRANK MCINTYRE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Aug 14, 2013

Citations

NO. 09-13-00274-CR (Tex. App. Aug. 14, 2013)