Burrus, Sabrina

• Court: Court of Criminal Appeals of Texas
• Decided: March 21, 2007
• Docket: WR-66,881-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-66,881-01 & -02 EX PARTE SABRINA BURRUS, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 0967745D & 0967746D IN THE 297^TH DISTRICT COURT

FROM TARRANT 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of bribery and theft by a public servant. She was sentenced to imprisonment for ten and thirty-five years, respectively. The Second Court of Appeals dismissed her appeals as untimely filed. Burrus v. State, Nos. 02-06-00424-CR & 02-06-00425-CR (Tex. App.-Fort Worth, delivered January 25, 2007, no pet.).

Applicant contends that she was denied her right to appeal. The trial court agreed and recommended that we grant Applicant out-of-time appeals. These habeas applications, however, were file-stamped in the district court on January 29, 2007, before the mandates in Applicant's cases had issued. We do not have jurisdiction to consider an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure unless a conviction is final and the mandate in a case has issued. Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App. 2000). Accordingly, these

applications are dismissed.

Filed: March 21, 2007

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