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Dean v. State

Court of Appeals of Texas, Eighth District, El Paso
Mar 31, 2005
No. 08-05-00078-CR (Tex. App. Mar. 31, 2005)

Opinion

No. 08-05-00078-CR

March 31, 2005. DO NOT PUBLISH.

Appeal from the 109th District Court of Andrews County, Texas, (Tc# 3631-R-C).

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.


MEMORANDUM OPINION


Appellant Marcell Deon Dean seeks to appeal the trial court's denial of a writ of habeas corpus pursuant to Article 11.07, § 4 of the Texas Code of Criminal Procedure. We dismiss the appeal for want of jurisdiction. Article 11.07 establishes the procedures for a post-conviction application for writ of habeas corpus in a non-capital felony case. See TEX. CODE CRIM.PROC.ANN. art. 11.07 (Vernon 2005). The only courts referred to in Article 11.07 are the convicting court and the court of criminal appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). The Article prescribes no role for the court of appeals. See id. This Court has no jurisdiction over post-conviction habeas corpus proceedings under Article 11.07. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991). Accordingly, the appeal is dismissed for want of jurisdiction.


Summaries of

Dean v. State

Court of Appeals of Texas, Eighth District, El Paso
Mar 31, 2005
No. 08-05-00078-CR (Tex. App. Mar. 31, 2005)
Case details for

Dean v. State

Case Details

Full title:MARCELL DEON DEAN, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Mar 31, 2005

Citations

No. 08-05-00078-CR (Tex. App. Mar. 31, 2005)