Ex Parte Christopher Roland Fenner v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 26, 2024
• Docket: 10-24-00292-CR
• Status: Published

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Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed September 26, 2024 Do not publish [OT06]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