Edward M. Johnson v. State

Court of Appeals of Texas·Decided August 4, 2014·No. 04-14-00024-CR·Published

Opinion

The State of TexasAppellee/s

Fourth Court of Appeals San Antonio, Texas August 4, 2014

No. 04-14-00024-CR

Edward M. JOHNSON, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 1998CR6320 Honorable Mark R. Luitjen, Judge Presiding

ORDER On July 28, 2014, Appellat Edward M. Johnson filed correspondence with this court seeking correction for an inaccurate clerk’s record.

On January 21, 2014, this court administratively closed appeal number 04-14-00024-CR. We therefore consider Appellant’s correspondence as a motion seeking assistance in filing a post-conviction writ of habeas corpus. This court has “no jurisdiction over post-conviction writs of habeas corpus in felony cases.” In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding); accord TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2010). Post-conviction writs of habeas corpus are to be filed in the trial court in which the conviction was obtained and made returnable to the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07(b) (West Supp. 2010).

Appellant’s motion is DENIED without prejudice to seeking relief in the proper court.

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of August, 2014.

___________________________________ Keith E. Hottle Clerk of Court

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Related

In Re Coronado
980 S.W.2d 691 (Court of Appeals of Texas, 1998)