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In re Cole

Court of Appeals of Texas, Fifth District, Dallas
Jun 29, 2009
No. 05-09-00714-CV (Tex. App. Jun. 29, 2009)

Opinion

No. 05-09-00714-CV

Opinion issued June 29, 2009.

Original Proceeding from the 3rd Criminal District Court, Dallas County, Texas, Trial Court Cause No. F93-34577J.

Before Justices WRIGHT, O'NEILL, and FILLMORE.


MEMORANDUM OPINION


Before the Court is relator's petition for habeas corpus stemming from the trial court's refusal to allow him an out of time appeal with regard to his sentence, as well as a complaint that the clerk of court erred in returning the petition to him on his first attempt to file it. The facts and issues are well known to the parties, so we need not recount them herein. We assure relator that the clerk has properly fulfilled her ministerial duties and the Court has properly performed its judicial function. This Court has no jurisdiction over habeas corpus proceedings in which the relator seeks relief from a felony judgment after final conviction. See Tex. Code Crim. Proc. Ann. Art. 11.07 (Vernon 2008). Accordingly, we DISMISS relator's petition for a writ of habeas corpus for want of jurisdiction.


Summaries of

In re Cole

Court of Appeals of Texas, Fifth District, Dallas
Jun 29, 2009
No. 05-09-00714-CV (Tex. App. Jun. 29, 2009)
Case details for

In re Cole

Case Details

Full title:IN RE VERNON COLE, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 29, 2009

Citations

No. 05-09-00714-CV (Tex. App. Jun. 29, 2009)