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Ex Parte Nelson

Court of Appeals of Texas, Tenth District, Waco
Apr 27, 2005
No. 10-05-00205-CR (Tex. App. Apr. 27, 2005)

Opinion

No. 10-05-00205-CR

Opinion Delivered and Filed April 27, 2005. DO NOT PUBLISH.

Original Proceeding. Writ dismissed.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM OPINION


Damion Nelson filed a writ of habeas corpus concerning a pre-adjudication application for relief pursuant to Article 11.08 of the Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.08 (Vernon 1977). Nelson filed the writ with this Court because he believed we have jurisdiction to issue writs per our opinion in In re Piper, 105 S.W.3d 107, 110 (Tex.App.-Waco 2003, orig. proceeding). However, this Court is not a "district court." This Court is an intermediate appellate court and has no authority to issue this type of pre-trial writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (Vernon 1977); see also TEX. CONST. art. V, § 6. Accordingly, the writ of habeas corpus is dismissed for want of jurisdiction.


Summaries of

Ex Parte Nelson

Court of Appeals of Texas, Tenth District, Waco
Apr 27, 2005
No. 10-05-00205-CR (Tex. App. Apr. 27, 2005)
Case details for

Ex Parte Nelson

Case Details

Full title:EX PARTE DAMION NELSON

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Apr 27, 2005

Citations

No. 10-05-00205-CR (Tex. App. Apr. 27, 2005)