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Lambert v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Aug 23, 2012
NO. 03-12-00530-CR (Tex. App. Aug. 23, 2012)

Summary

dismissing for want of jurisdiction appeal of court of criminal appeal's denial of writ of habeas corpus

Summary of this case from Ex parte Taylor

Opinion

NO. 03-12-00530-CR

08-23-2012

Tito Lambert, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NO. 44216-A, HONORABLE JOE CARROLL, JUDGE PRESIDING


MEMORANDUM OPINION

Tito Lambert filed an application for writ of habeas corpus with the Texas Court of Criminal Appeals that it subsequently denied without written order on June 27, 2012. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2012). Lambert attempted to challenge that ruling by filing a notice of appeal with this Court. It also appears that Lambert attempted an appeal with the trial court, which issued a certification that Lambert had no right of appeal.

We do not have jurisdiction to review the Texas Court of Criminal Appeals's denial of a writ of habeas corpus. See Tex. Const. art. V, § 6; Tex. Gov't Code Ann. § 22.221 (West 2004) (defining writ power of courts of appeals); see also Ex parte Rogers, Nos. 02-11-00333-CR, 02-11-00334-CR, 02-11-00335-CR, 2011 Tex. App. LEXIS 7706, at *1 (Tex. App.—Fort Worth Sept. 22, 2011, no pet.) (mem. op., not designated for publication) (dismissing appeal for want of jurisdiction because court lacked jurisdiction over attempted appeal from court of criminal appeals's denial of application for writ of habeas corpus). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

____________

Jeff Rose, Justice
Before Chief Justice Jones, Justices Rose and Goodwin Dismissed for Want of Jurisdiction Do Not Publish


Summaries of

Lambert v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Aug 23, 2012
NO. 03-12-00530-CR (Tex. App. Aug. 23, 2012)

dismissing for want of jurisdiction appeal of court of criminal appeal's denial of writ of habeas corpus

Summary of this case from Ex parte Taylor
Case details for

Lambert v. State

Case Details

Full title:Tito Lambert, Appellant v. The State of Texas, Appellee

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Aug 23, 2012

Citations

NO. 03-12-00530-CR (Tex. App. Aug. 23, 2012)

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