Ex Parte Christopher Roland Fenner v. the State of Texas

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-24-00292-CR

EX PARTE CHRISTOPHER ROLAND FENNER

Original Proceeding

From the 249th District Court Somervell County, Texas

Trial Court No. 249-00724

MEMORANDUM OPINION

In a “Special Plea of Double Jeopardy,” filed in this Court on September 13, 2024, Christopher Roland Fenner wants to be released from prison. He asserts he is being held illegally because he was discharged from a conviction on the same facts as a later conviction in trial court number 249-00724, thus violating the double jeopardy provisions in both the United States and Texas Constitutions. Essentially, Fenner is requesting post- conviction relief.

As an intermediate appellate court in Texas, our jurisdiction is limited. We do not have jurisdiction of any request for post-conviction relief in a felony proceeding. See Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996); see also TEX. CODE CRIM. PROC.

arts. 11.05, 11.07; Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex. App.—Waco 2006, no pet.). Fenner is serving 20 years for the felony conviction of indecency with a child. See Fenner v. State, 571 S.W.3d 892 (Tex. App.—Waco 2019, pet. ref'd). Because we have no jurisdiction, this proceeding is dismissed for want of jurisdiction.

TOM GRAY

Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed September 26, 2024 Do not publish [OT06]

Ex parte Fenner Page 2