Clegg v. State

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

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.