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Ex parte Hallcy

Court of Appeals Seventh District of Texas at Amarillo
Aug 29, 2017
No. 07-17-00303-CR (Tex. App. Aug. 29, 2017)

Opinion

No. 07-17-00303-CR

08-29-2017

EX PARTE MARK DEWAYNE HALLCY


ORIGINAL PROCEEDING

MEMORANDUM OPINION

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appearing pro se, applicant Mark Dewayne Hallcy filed an application for writ of habeas corpus with the District Clerk of Hale County, seeking relief from a felony conviction. The habeas application was forwarded to this Court rather than the trial court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, sec. 3 (West 2015).

At the same time, Hallcy filed a notice of appeal from his conviction, we have assigned the appeal cause number 07-17-00302-CR.

An intermediate court of appeals does not have original habeas corpus jurisdiction in criminal law matters. See TEX. GOV'T CODE ANN. § 22.221(d) (West 2004) (original habeas corpus jurisdiction of intermediate courts of appeals is limited to civil matters); Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. refused) (citing Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding)). Instead, habeas jurisdiction in criminal proceedings rests with the Texas Court of Criminal Appeals, the district courts, and the county courts. TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015); Watson, 96 S.W.3d at 500.

Accordingly, we dismiss Hallcy's application for writ of habeas corpus for want of jurisdiction. We shall return his habeas application to the district clerk for proceedings in accordance with article 11.07, section 3 of the Texas Code of Criminal Procedure; and our mandate shall issue forthwith.

Per Curiam Do not publish.


Summaries of

Ex parte Hallcy

Court of Appeals Seventh District of Texas at Amarillo
Aug 29, 2017
No. 07-17-00303-CR (Tex. App. Aug. 29, 2017)
Case details for

Ex parte Hallcy

Case Details

Full title:EX PARTE MARK DEWAYNE HALLCY

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Aug 29, 2017

Citations

No. 07-17-00303-CR (Tex. App. Aug. 29, 2017)