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Clark v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 31, 2005
No. 10-05-00301-CR (Tex. App. Aug. 31, 2005)

Opinion

No. 10-05-00301-CR

Opinion delivered and filed August 31, 2005. DO NOT PUBLISH.

Appeal from the 82nd District Court, Falls County, Texas, Trial Court No. 6036. Appeal dismissed.

Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.


MEMORANDUM OPINION


Mark Anthony Clark filed a notice of appeal from the trial court's denial of his Petition for Writ of Error Coram Nobis. The common law writ of coram nobis has no application in this State, and we have no jurisdiction of the appeal of a denial of a writ of coram nobis. See Ex parte Massey, 157 Tex. Crim. 491, 249 S.W.2d 599, 601 (Tex.Crim.App. 1952); In re Reyes, No. 10-05-00234-CR, 2005 Tex. App. LEXIS 5568 (Tex.App.-Waco July 13, 2005, orig. proceeding). Accordingly, this appeal is dismissed.

We will not characterize the document filed in the trial court as a writ of habeas corpus because it is clear that Clark knows what a writ of habeas corpus is and has used that post-conviction writ previously.


Summaries of

Clark v. State

Court of Appeals of Texas, Tenth District, Waco
Aug 31, 2005
No. 10-05-00301-CR (Tex. App. Aug. 31, 2005)
Case details for

Clark v. State

Case Details

Full title:MARK ANTHONY CLARK, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Aug 31, 2005

Citations

No. 10-05-00301-CR (Tex. App. Aug. 31, 2005)

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