Opinion
No. 10-16-00324-CR
10-19-2016
EX PARTE SONNY TYRONE THOMPSON
Original Proceeding
MEMORANDUM OPINION
Sonny Thompson has filed a "motion of appeal." In his motion, he seeks what is in effect post-conviction habeas relief, alleging several trial court errors and ineffective assistance of counsel. He asks for a review and a new trial.
We affirmed Thompson's conviction in his direct appeal ten months ago, and Thompson did not seek discretionary review in the Court of Criminal Appeals. See Thompson v. State, No. 10-14-00289-CR, 2016 WL 103964 (Tex. App.—Waco Jan. 7, 2016, no pet.).
The motion lacks proof of service. A copy of all documents presented to the Court must be served on all parties (i.e., the district attorney) and must contain proof of service. TEX. R. APP. P. 9.5, 52.2. To expedite this matter, we implement Rule of Appellate Procedure 2 to suspend these requirements. Id. 2. --------
An intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana 2005, orig. proceeding) (citing TEX. CODE CRIM. PROC. ANN. art. 11.07(3)(a), (b)); Self v. State, 122 S.W.3d 294, 294-95 (Tex. App.—Eastland 2003, no pet.) (same). The Court of Criminal Appeals and this court have recognized that "the exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to [article] 11.07." Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996); see Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex. App.—Waco 2006, no pet.). Furthermore, the courts of appeals do not have original habeas corpus jurisdiction in criminal-law matters. Ex parte Hearon, 3 S.W.3d 650 (Tex. App.—Waco 1999, orig. proceeding).
Because we lack jurisdiction over a post-conviction habeas corpus proceeding in a felony case, we dismiss Thompson's proceeding.
REX D. DAVIS
Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Dismissed
Opinion delivered and filed October 19, 2016
Do not publish
[OT06]