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Ex parte Ayers

Court of Appeals of Texas, Tenth District
Aug 31, 2021
No. 10-21-00214-CR (Tex. App. Aug. 31, 2021)

Opinion

10-21-00214-CR

08-31-2021

EX PARTE GARY ARTHUR AYERS


Do not publish

Original Proceeding From the 54th District Court McLennan County, Texas Trial Court No. 2019-120-C2.

Before Chief Justice Gray, Justice Rose, and Justice Wright

The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.

The Honorable Jim R. Wright, Senior Chief Justice (Retired) of the Eleventh Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See Tex. Gov't Code §§ 74.003, 75.002, 75.003.

MEMORANDUM OPINION

Tom Gray Chief Justice

Through a form document entitled, "Petition for Relief From a Conviction or Sentence By a Person in State Custody," Gary Arthur Ayers, a prison inmate, wants a sentence reduction, a new trial, or a reversal and remand to vacate his sentence. Essentially, Ayers is requesting post-conviction relief.

The form used by Ayers is for a "Petition Under 28 U.S.C. § 2254 for A Writ of Habeas Corpus." Instruction 8 instructs the applicant to send the form to the "Clerk of the United States District Court." It was mailed to the Clerk of the Tenth Court of Appeals of Texas.

As an intermediate appellate court in Texas, our jurisdiction is limited. We do not have habeas corpus jurisdiction of any request for post-conviction relief in a felony proceeding. See Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996); see also Tex. Code Crim. Proc. arts. 11.05, 11.07; Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex. App. -Waco 2006, no pet.). According to Ayers, he was convicted of the felony offense of possession of heroin and methamphetamine with an intent to deliver and sentenced to 30 years in prison. See Tex. Health & Safety Code § 481.112; Tex. Penal Code § 12.32(a). Because we have no jurisdiction, this proceeding is dismissed for want of jurisdiction.

Appeal dismissed.


Summaries of

Ex parte Ayers

Court of Appeals of Texas, Tenth District
Aug 31, 2021
No. 10-21-00214-CR (Tex. App. Aug. 31, 2021)
Case details for

Ex parte Ayers

Case Details

Full title:EX PARTE GARY ARTHUR AYERS

Court:Court of Appeals of Texas, Tenth District

Date published: Aug 31, 2021

Citations

No. 10-21-00214-CR (Tex. App. Aug. 31, 2021)