Opinion
No. 05-20-00681-CR
08-03-2020
EX PARTE DARRELL BOYD MITCHELL
On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. W15-75208-I
MEMORANDUM OPINION
Before Justices Myers, Partida-Kipness, and Reichek
Opinion by Justice Myers
Darrell Boyd Mitchell appeals the trial court's order and findings of fact and conclusions of law entered on his post-conviction application for writ of habeas corpus. Before the Court are the notice of appeal and the trial court's October 7, 2019 findings of fact and conclusions of law. We dismiss the appeal.
Appellant filed his notice of appeal on March 10, 2020 but it was not forwarded to the Court until July 20, 2020. Because of the disposition we reach, we need not consider the timeliness of appellant's March 10, 2020 notice of appeal.
Our review of this case shows that on May 15, 2019, the court of criminal appeals issued an order abating writ number WR-89,237-02 to the trial court to make findings of fact and conclusions of law regarding appellant's post-conviction writ application filed under article 11.07 of the code of criminal procedure. See Ex parte Mitchell, 2019 WL 2119722 (Tex. Crim. App. May 15, 2019) (not designated for publication). The order from the court of criminal appeals references the same trial court writ number presented in appellant's appeal before this court.
The trial court's findings, apparently entered pursuant to the court of criminal appeals's order, show appellant was convicted of family violence assault with an enhancement and was sentenced to sixty years' imprisonment. His conviction was affirmed on direct appeal. See Mitchell v. State, 05-16-01152-CR, 2017 WL 3033415 (Tex. App.—Dallas July 18, 2017, pet. ref'd) (mem. op., not designated for publication). The trial court obtained a response from the State and reviewed affidavits provided by appellant's former trial and appellate counsel. It made findings of fact adverse to appellant's claims and concluded his habeas application should be denied. It then ordered the trial court clerk to forward the writ application, response, affidavits, the findings, and other case documents to the court of criminal appeals. Appellant now appeals this determination.
A court of appeals may only review appeals when authorized by law. Abbott v. State, 271 S.W.3d 694, 696-97 (Tex. Crim. App. 2008). An applicant imprisoned after final conviction for a felony offense who desires to apply for habeas relief must do so under article 11.07 of the code of criminal procedure. See TEX. CODE CRIM. PROC. art. 11.07, §§1, 3; Bd. of Pardons and Paroles ex rel. Keene v. The Eighth Court of Appeals, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (orig. proceeding).
This Court is not authorized by law to review the trial court's determinations on an article 11.07 writ application. See art. 11.07, §3(b) (providing writ of habeas corpus filed after final conviction of felony for which death penalty is not imposed must be filed with trial court clerk and writ of habeas corpus is returnable to court of criminal appeals); Keene, 910 S.W.2d at 483; see also Ex parte Wicker, No. 02-18-00318-CR, 2018 WL 4140642, at *1 (Tex. App.—Fort Worth Aug. 30, 2018, no pet.) (mem. op., not designated for publication) (dismissing appeal of trial court's order recommending denial of article 11.07 writ application).
Because we have no jurisdiction to review the trial court's determination, we dismiss the appeal.
/Lana Myers/
LANA MYERS
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200681F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 2, Dallas County, Texas
Trial Court Cause No. W15-75208-1.
Opinion delivered by Justice Myers. Justices Partida-Kipness and Reichek participating.
Based on the Court's opinion of this date, the appeal is DISMISSED. Judgment entered this 3rd day of August, 2020.