Clegg v. State

Court of Appeals of Texas

Clegg v. State

214 S.W.3d 671, 2007 Tex. App. LEXIS 30, 2007 WL 17105

CourtCourt of Appeals of Texas

DecidedJanuary 3, 2007

Docket10-06-00378-CR

StatusPublished

Cited by10 cases

This text of 214 S.W.3d 671 (Clegg v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clegg v. State, 214 S.W.3d 671, 2007 Tex. App. LEXIS 30, 2007 WL 17105 (Tex. Ct. App. 2007).

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Opinion

MEMORANDUM OPINION

PER CURIAM.

In 1994, Appellant was convicted of aggravated sexual assault and received a 90-year sentence. He now attempts to appeal the trial court’s denial of his motion for a free record to pursue a post-conviction writ of habeas corpus.

This court has jurisdiction over criminal appeals only when expressly granted by law. Everett v. State, 91 S.W.3d 386, 386 (Tex.App.-Waco 2002, no pet.). No statute vests this court with jurisdiction over an appeal from an order denying a request for a free copy of the trial record when such a request is not presented in conjunction with a timely filed direct appeal. Id.; see Self v. State, 122 S.W.3d 294, 294-95 (Tex.App.-Eastland 2003, no pet.). Furthermore, an intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases. Self, 122 S.W.3d at 295 (citing Tex.Code CRiM. PROC. Ann. art. 11.07).

In a December 1, 2006 letter, we notified Appellant that this court may not have jurisdiction over this appeal and that unless he showed grounds for continuing his appeal within twenty-one days of our letter, we might dismiss his appeal for want of jurisdiction. Appellant has filed a response, but it does not show that we have jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.

Chief Justice GRAY concurs in the judgment.

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MEMORANDUM OPINION

PER CURIAM.

In 1994, Appellant was convicted of aggravated sexual assault and received a 90-year sentence. He now attempts to appeal the trial court’s denial of his motion for a free record to pursue a post-conviction writ of habeas corpus.

This court has jurisdiction over criminal appeals only when expressly granted by law. Everett v. State, 91 S.W.3d 386, 386 (Tex.App.-Waco 2002, no pet.). No statute vests this court with jurisdiction over an appeal from an order denying a request for a free copy of the trial record when such a request is not presented in conjunction with a timely filed direct appeal. Id.; see Self v. State, 122 S.W.3d 294, 294-95 (Tex.App.-Eastland 2003, no pet.). Furthermore, an intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases. Self, 122 S.W.3d at 295 (citing Tex.Code CRiM. PROC. Ann. art. 11.07).

In a December 1, 2006 letter, we notified Appellant that this court may not have jurisdiction over this appeal and that unless he showed grounds for continuing his appeal within twenty-one days of our letter, we might dismiss his appeal for want of jurisdiction. Appellant has filed a response, but it does not show that we have jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction.

Chief Justice GRAY concurs in the judgment.

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214 S.W.3d 671, 2007 Tex. App. LEXIS 30, 2007 WL 17105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clegg-v-state-texapp-2007.

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