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Ex Parte Garza

Court of Criminal Appeals of Texas
Mar 24, 2010
No. WR-73,402-01 (Tex. Crim. App. Mar. 24, 2010)

Opinion

No. WR-73,402-01

Delivered: March 24, 2010. DO NOT PUBLISH.

On Applications for a Writ of Habeas Corpus Cause No. CR-643-08-A in the 92nd District Court from Hidalgo County.


ORDER


Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to eighty years' imprisonment. His appeal is pending before the Thirteenth Court of Appeals. On February 3, 2010, we dismissed this application for noncompliance. Tex. R. App. P. 73.1. We now withdraw that disposition on our own motion and dismiss because Applicant's conviction is not final. We do not have jurisdiction under Article 11.07 of the Code of Criminal Procedure unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(a); Ex parte Johnson, 12 S.W.3d 472, 473 (Tex. Crim. App. 2000). Accordingly, this application is dismissed.


Summaries of

Ex Parte Garza

Court of Criminal Appeals of Texas
Mar 24, 2010
No. WR-73,402-01 (Tex. Crim. App. Mar. 24, 2010)
Case details for

Ex Parte Garza

Case Details

Full title:EX PARTE JOSE FIDENCIO TREVINO GARZA, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Mar 24, 2010

Citations

No. WR-73,402-01 (Tex. Crim. App. Mar. 24, 2010)