Opinion
No. 10-20-00181-CR
07-14-2020
EX PARTE CHRISTOPHER ROLAND FENNER
Original Proceeding
MEMORANDUM OPINION
In a Motion to Dismiss Based on Void Judgments, filed on June 25, 2020, Christopher Roland Fenner wants to be released from prison. He asserts he is being detained illegally because his judgments pursuant to trial court number 249-00724 are void. Essentially, Fenner is requesting post-conviction relief.
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. ANN. arts. 11.05, 11.07; Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex. App.—Waco 2006, no pet.). Fenner is serving 20 years for the felony conviction of indecency with a child. See Fenner v. State, 571 S.W.3d 892 (Tex. App.—Waco 2019, pet. ref'd). Because we have no jurisdiction, this proceeding is dismissed for want of jurisdiction.
TOM GRAY
Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Neill
Dismissed
Opinion delivered and filed July 14, 2020
Do not Publish
[OT06]