Opinion
NO. 12-12-00059-CR
02-15-2012
CLEVELAND WADE THOMPSON, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEAL FROM THE 114TH
JUDICIAL DISTRICT COURT
SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
Appellant, Cleveland Wade Thompson, pleaded guilty to aggravated assault on a public servant and was placed on deferred adjudication community supervision. Subsequently, the State filed a motion to revoke Appellant's community supervision and a motion to adjudicate his guilt. The trial court granted both motions, found Appellant guilty, and sentenced Appellant to imprisonment for forty years. On January 4, 2012, the trial court signed an order pertaining to Appellant's application for a postconviction writ of habeas corpus. On February 1, 2012, Appellant filed a notice of appeal in this court purporting to appeal the trial court's January 4, 2012 order.
The Texas Court of Criminal Appeals has exclusive jurisdiction over postconviction writs of habeas corpus in felony cases. TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3 (West Supp. 2011). Accordingly, on February 3, 2012, this court notified Appellant that the information received in this appeal does not include a final judgment or other appealable order and therefore does not show the jurisdiction of this court. See TEX. R. APP. P. 37.2. Appellant was further notified that the appeal would be dismissed unless the information was amended on or before March 5, 2012, to show the jurisdiction of this court. See TEX. R. APP. P. 44.3. On February 3, 2012, Appellant responded to the February 3, 2012 notice, explaining the grounds on which he seeks to challenge his conviction. However, Appellant did not show that this court has jurisdiction of his appeal. Accordingly, the appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
JUDGMENT
NO. 12-12-00059-CR
CLEVELAND WADE THOMPSON,
Appellant
v.
THE STATE OF TEXAS, Appellee
Appeal from the 114th Judicial District Court
of Smith County, Texas. (Tr.Ct.No. 114-1126-02)
THIS CAUSE came to be heard on the appellate record filed herein; and the same being considered, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed for want of jurisdiction; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.