Adams, Charles Homer

• Court: Court of Criminal Appeals of Texas
• Decided: September 20, 2006
• Docket: WR-65,426-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,426-01 EX PARTE CHARLES HOMER ADAMS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W-29435-01-D IN THE 47^TH JUDICIAL DISTRICT COURT

FROM POTTER COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to thirty years' imprisonment.

In his present application, Applicant raises two grounds for challenging his conviction. However, the record reflects that Applicant does not have a final felony conviction in this cause number. The record indicates that a mistrial was granted in this cause after the prosecutor made an improper comment on the defendant's failure to testify. The cause was apparently dismissed after the granting of the mistrial. However, the record also indicates that Applicant was re-indicted under a different cause number, and convicted in the re-indicted cause number. The appeal number cited by Applicant in this writ application pertains to his conviction in the re-indicted cause number.

Because Applicant does not have a final felony conviction in this cause number, this Court does not have habeas jurisdiction over the case. See Tex. Code Crim. Proc. Art. 11.07 §3. This writ is therefore dismissed without prejudice.

Filed: September 20, 2006

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