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Seals v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 9, 2005
No. 10-05-00136-CR (Tex. App. Mar. 9, 2005)

Opinion

No. 10-05-00136-CR

Opinion Delivered and Filed March 9, 2005. DO NOT PUBLISH.

Appeal from the 54th District Court, McLennan County, Texas, Trial Court # 96-496-C. Writ dismissed.

Willie Seals, Teague, TX, pro se. John W. Segrest, McLennan County District Attorney, Waco, TX, for appellee/respondent.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.


MEMORANDUM Opinion


Willie Seals was convicted of indecency with a child and sentenced to 15 years in prison. He appealed his conviction, and in 1999, this Court affirmed his conviction. Seals filed a petition for discretionary review with the Court of Criminal Appeals. The petition was refused. Seals has now filed a "Motion for New Trial or in the Alternative — Post-Trial Hearing for Juror Misconduct, With Brief in Support." Although this document, because it was addressed to the appellate clerk, could possibly be a new appeal, we believe it to be a post conviction writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon Supp. 2004-2005). We have no jurisdiction of post conviction writs of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (Vernon 1977); see also Nix v. State, 65 S.W.3d 664, 670 n. 26 (Tex.Crim.App. 2001). Accordingly, we dismiss the writ for want of jurisdiction and forward a copy of the writ to the trial court and the Court of Criminal Appeals for an appropriate disposition, wherever that may be.


Summaries of

Seals v. State

Court of Appeals of Texas, Tenth District, Waco
Mar 9, 2005
No. 10-05-00136-CR (Tex. App. Mar. 9, 2005)
Case details for

Seals v. State

Case Details

Full title:WILLIE SEALS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Tenth District, Waco

Date published: Mar 9, 2005

Citations

No. 10-05-00136-CR (Tex. App. Mar. 9, 2005)