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Ex parte White

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-17-00356-CR (Tex. App. Nov. 8, 2017)

Opinion

No. 10-17-00356-CR

11-08-2017

EX PARTE PATRICK A. WHITE, SR.


Original Proceeding

MEMORANDUM OPINION

Patrick A. White, Sr. presents what appears to be a petition for writ of habeas corpus, complaining that he has not obtained his freedom as allegedly ordered by Louise Pearson, the former Clerk of the Court of Criminal Appeals. We initially note that the writs of habeas corpus, WR-47,835-03 and WR-47,835-02, given by White as support for his statement that he was granted a "Final Judgment of Freedom" on January 25, 2010, indicate that the writs were received by the Court of Criminal Appeals on January 25, 2010. Both writs were disposed of on February 10, 2010. Writ number WR-47,835-02 was denied without a written order on the trial court's findings, and writ number WR-47,835-03 was dismissed pursuant to the abuse of writ statute. It appears that White may be trying to avoid another abuse of writ disposal by filing this petition in a different court. Regardless, there are procedural problems with White's petition; but we use Rule 2 to look beyond those problems and dismiss the petition. TEX. R. APP. P. 2.

This Court, as an intermediate appellate court, has no jurisdiction over post-conviction writs of habeas corpus. See TEX. CODE CRIM. PROC. ANN. arts. 11.05; 11.07, § 3(a), (b) (West 2015); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) ("only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings"); Ramirez v. State, 36 S.W.3d 660, 664 (Tex. App.—Waco 2001, pet. ref'd) (no original jurisdiction of any criminal habeas corpus proceeding). We also lack jurisdiction to grant mandamus relief in matters related to a post-conviction writ application. See McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992) (Court of Criminal Appeals has jurisdiction to order the trial court to rule on applicant's post-conviction writ of habeas corpus).

Because White's request relates to a post-conviction writ of habeas corpus, we have no jurisdiction to grant any relief. Accordingly, we dismiss White's petition for writ of habeas corpus.

TOM GRAY

Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Petition dismissed
Opinion delivered and filed November 8, 2017
Do not publish
[OT06]


Summaries of

Ex parte White

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 8, 2017
No. 10-17-00356-CR (Tex. App. Nov. 8, 2017)
Case details for

Ex parte White

Case Details

Full title:EX PARTE PATRICK A. WHITE, SR.

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Nov 8, 2017

Citations

No. 10-17-00356-CR (Tex. App. Nov. 8, 2017)