Opinion
NO. 01-11-00965-CR
12-01-2011
IN RE ROBERT B. MILES, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Robert B. Miles, has filed a pro se petition for writ of habeas corpus seeking relief from his incarceration for the first-degree felony offense of aggravated robbery. See TEX. PENAL CODE ANN. § 29.03(a)(2), (b) (Vernon 2011). In his petition, Miles states that he was convicted of the offense of aggravated robbery on January 29, 1990 and sentenced to 15 years in prison. He avers that he was paroled on September 6, 2000. He asserts that the Board of Pardons and Paroles revoked his parole on October 12, 2007 because he had violated conditions placed on him related to a juvenile adjudication for a sex offense. Miles states that he was returned to prison after his parole was revoked. Miles asserts that the Board of Board of Pardons and Paroles' decision to revoke his parole based on requirements stemming from his juvenile adjudication violates a number of his constitutional rights, including his right to due process.
To the extent a parole decision may implicate the due process rights of a convicted felon, the remedy is through a post-conviction application for writ of habeas corpus filed under article 11.07 of the Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2011); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 484 (Tex. Crim. App. 1995). Intermediate courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985); Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana 2005, orig. proceeding); see also TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (post-conviction applications for writs of habeas corpus, for felony cases in which death penalty was not assessed, must be filed in court of original conviction and made returnable to court of criminal appeals). The Court of Criminal Appeals has exclusive jurisdiction to review the merits of a post-conviction application for habeas relief under article 11.07. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5; Keene, 910 S.W.2d at 484.
We dismiss Miles's petition for post-conviction writ of habeas corpus for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).