Summary
holding that appellate court had no jurisdiction to review ruling on an application for writ of habeas corpus filed after a final felony conviction
Summary of this case from Salazar v. StateOpinion
No. 10-05-00119-CR
Opinion delivered and filed April 13, 2005. DO NOT PUBLISH.
Appeal from the 249th District Court, Johnson County, Texas, Trial Court # F35587.
Appeal dismissed.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
The trial court revoked Tracy Linn Holmes's community supervision for engaging in organized criminal activity in October 2003 and sentenced him to five years' imprisonment. Holmes filed a habeas application purportedly "under Article 11.072 of the Code of Criminal Procedure" in December 2004. Holmes appeals the trial court's denial of that application. However, because Holmes's habeas application is in fact a post-conviction application, we will dismiss the appeal. Article 11.072 "establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction ordering community supervision." Tex. Code Crim. Proc. Ann. art. 11.072, § 1 (Vernon 2005). Here, despite the recitations in the habeas application, Holmes seeks habeas relief from a final felony conviction. "Only the Court of Criminal Appeals has jurisdiction to grant post-conviction relief from an otherwise final felony conviction." In re Stone, 26 S.W.3d 568, 569 (Tex.App.-Waco 2000, orig. proceeding) (per curiam) (citing Bd. of Pardons Paroles ex rel. Keene v. Ct. of Apps. for 8th Dist., 910 S.W.2d 481, 483 (Tex.Crim.App. 1995) (orig. proceeding)). Article 11.07 establishes the procedures to follow when seeking post-conviction habeas relief. Id. The Clerk of this Court notified Holmes that this appeal appears subject to dismissal for want of jurisdiction because it is a post-conviction habeas proceeding and that the appeal would be dismissed for want of jurisdiction if a response showing grounds for continuing the appeal was not filed within 10 days. Holmes has not filed a response.
Accordingly, the appeal is dismissed.