Ex Parte Christine Allen

Court of Appeals of Texas·Decided March 26, 2015·No. 10-15-00084-CR·Published

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-15-00084-CR

EX PARTE CHRISTINE ALLEN

From the 252nd District Court Jefferson County, Texas

Trial Court No. 09-6158-B

MEMORANDUM OPINION

Christine Allen has filed a document that requests post-conviction habeas corpus relief with respect to her felony judgment of conviction from the 252nd Criminal District Court of Jefferson County.

This court, as an intermediate court of appeals, has no jurisdiction over post-

conviction writs of habeas corpus in felony cases. See Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana 2005, orig. proceeding) (“Our law requires post- conviction applications for writs of habeas corpus, for felony cases in which the death penalty was not assessed, to be filed in the court of original conviction, made returnable to the Texas Court of Criminal Appeals.”) (citing TEX. CODE CRIM. PROC. ANN. art. 11.07(3)(a), (b)); Self v. State, 122 S.W.3d 294, 295 (Tex. App.—Eastland 2003, no pet.).

Furthermore, if we had subject-matter jurisdiction, this court lacks jurisdiction of an appellate proceeding from a district court in Jefferson County, which is within the territorial jurisdiction of the Ninth Court of Appeals. See TEX. GOV’T. CODE ANN. § 22.201(j, k) (West Supp. 2014).

Because we have no jurisdiction over this proceeding, we dismiss it.

REX D. DAVIS

Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed March 26, 2015 Do not publish [OT06]

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Related

Ex Parte Martinez
175 S.W.3d 510 (Court of Appeals of Texas, 2005)
Self v. State
122 S.W.3d 294 (Court of Appeals of Texas, 2003)