Opinion
NO. 03-18-00114-CV
03-02-2018
In re Markus A. Green
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Markus A. Green filed an original proceeding petitioning for a writ of injunction enjoining the State from enforcing "unconstitutional statutes" on practicing medicine without a license, or enforcing "any authority derived from [his] conviction of these unconstitutional statutes." See Green v. State, 137 S.W.3d 356, 362, 367 (Tex. App.—Austin 2004, pet. ref'd) (affirming Green's conviction for practicing medicine without license, which was misdemeanor, but finding of psychological harm enhanced offense to third-degree felony, which in turn was habitualized with prior felony convictions, resulting in forty-year sentence). Green complains that but for these statutes and his "unlawful confinement in TDC," he would not be denied medical treatment that he allegedly needs and he would not be required to work in the kitchen.
In substance, Green's complaints in this original proceeding present a post-conviction challenge to the statutes for his felony conviction, which is in the nature of a writ of habeas corpus. Only the Court of Criminal Appeals has jurisdiction to grant post-conviction habeas relief from a final felony conviction. See Tex. Code Crim. Proc. art. 11.07, § 3; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). Further, to the extent that Green's filing could be construed as a proper petition for writ of injunction, we may issue such writs only to enforce our jurisdiction, which is not implicated here. See Tex. Const. art. V, § 6; Tex. Gov't Code § 22.221(a).
The petition is dismissed for want of jurisdiction. See Tex. R. App. P. 52.8(a).
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Jurisdiction Filed: March 2, 2018