Ex Parte Gabryelle Daniels v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 15, 2025
• Docket: 03-25-00591-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00591-CR

Ex parte Gabryelle Daniels

FROM THE 264TH DISTRICT COURT OF BELL COUNTY NO. 75701-A, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING

MEMORANDUM OPINION

Gabryelle Daniels, acting pro se, appeals the trial court’s findings of fact and

conclusions of law on her postconviction application for writ of habeas corpus, which the Court

of Criminal Appeals later denied, without a written order, under article 11.07 of the Texas Code

of Criminal Procedure. See Tex. Code Crim. App. art. 11.07.

An article 11.07 writ of habeas corpus is the exclusive remedy for an applicant

seeking postconviction relief from a final felony judgment imposing a penalty other than death.

See id. Article 11.07 vests the Court of Criminal Appeals with complete jurisdiction over

applications for such relief. See id. §§ 3, 5. We lack jurisdiction over criminal-law matters

pertaining to article 11.07 proceedings, including appellate review of applications that the Court

of Criminal Appeals has denied. See In re Garcia, 363 S.W.3d 819, 822 n.4 (Tex. App.—Austin

2012, no pet.) (“Courts of appeals have no jurisdiction over criminal-law matters pertaining to

proceedings under article 11.07.”); In re Briscoe, 230 S.W.3d 196, 196-97 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding) (noting that intermediate appellate courts lack jurisdiction

over “post-conviction writs of habeas corpus in felony cases” under article 11.07).

Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P.

43.2(f).

__________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Crump and Ellis

Dismissed for Want of Jurisdiction

Filed: August 15, 2025

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