Opinion
No. 04-08-00110-CR
Delivered and Filed: March 19, 2008. DO NOT PUBLISH.
Appealed from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CR-4941, Honorable Philip A. Kazen, Jr., Judge Presiding.
Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice.
MEMORANDUM OPINION
DISMISSED FOR LACK OF JURISDICTION Appellant filed an objection to the denial of his writ of error, which we construed as a notice of appeal. Appellant does not, however, seek to appeal a judgment or order of the trial court. Instead, appellant appeals from a letter from a legal intern explaining that the appellant is not entitled to seek relief by a writ of error or restricted appeal, which is reserved for civil cases, and suggesting that appellant seek relief through a writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.07 (providing for filing of application for writ of habeas corpus challenging conviction in trial court and requiring convicting court to decide whether the application presents converted, previously unresolved facts material to the legality of the applicant's confinement); see also Ex parte Brown, 205 S.W.3d 538, 544 (Tex.Crim.App. 2006) (noting claims of actual innocence based upon newly discovered evidence are cognizable on post-conviction writs of habeas corpus). Because appellant does not seek to appeal from a judgment or order of the trial court, we ordered appellant to show cause why this appeal should not be dismissed for jurisdiction. See Tex. R. App. P. 26.2 (providing for notice of appeal to be filed after sentence is imposed or suspended or after trial court enters an appealable order). Although appellant contends he is without a remedy, it does not appear that he has pursued the suggested post-conviction writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.07. This appeal is dismissed for lack of jurisdiction.