Opinion
NO. 03-15-00577-CR
02-12-2016
Tommy Joe Kelley, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT
NO. D-1-DC-11-300379, HONORABLE JULIE H. KOCUREK, JUDGE PRESIDINGMEMORANDUM OPINION
Appellant Tommy Joe Kelley has filed a notice of appeal from a decision of the Court of Criminal Appeals denying without a written order Kelley's application for writ of habeas corpus. The State has filed a motion to dismiss, arguing that we do not have jurisdiction over this appeal. We agree. Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings, and we have no authority to review that court's decisions. Accordingly, we grant the State's motion and dismiss the appeal for want of jurisdiction.
See Ex parte Kelley, WR-83,623-01 (Tex. Crim. App. Aug. 5, 2015).
See Tex. Code Crim. Proc. art. 11.07; see also Ex parte Wilson, No. 06-12-00135-CR, 2012 Tex. App. LEXIS 7649, at *2 (Tex. App.—Texarkana Sept. 6, 2012, orig. proceeding) (mem. op., not designated for publication). --------
/s/_________
Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Jurisdiction Filed: February 12, 2016 Do Not Publish