Ex Parte George Payne v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 20, 2023
• Docket: 01-22-00636-CR
• Status: Published

Opinion

Opinion issued April 20, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00636-CR ——————————— EX PARTE GEORGE PAYNE

On Appeal from the 228th District Court Harris County, Texas Trial Court Case No. 0493957B

MEMORANDUM OPINION

George Payne, incarcerated and acting pro se, filed an appeal from the district

court’s July 11, 2022 findings of fact and conclusions of law recommending that the

Court of Criminal Appeals deny Payne’s post-conviction application for writ of

habeas corpus. Payne’s habeas corpus application was subsequently denied without

written order by the Court of Criminal Appeals on August 18, 2022. We dismiss the

appeal for lack of jurisdiction. Only the Texas Court of Criminal Appeals has jurisdiction in final post-

conviction felony proceedings, and we have no authority to review the trial court’s

recommendation that a petitioner’s post-conviction application for writ of habeas

corpus be denied. See TEX. CODE CRIM. PROC. art. 11.07, § 3(a); see also Ex parte

Lauderdale, No. 04-17-00063-CV, 2017 WL 1161171, at *1 (Tex. App.—San

Antonio Mar. 29, 2017, no pet.) (per curiam) (mem. op., not designated for

publication); Bynum v. State, No. 12-03-00395-CR, 2003 WL 22972014, at *1 (Tex.

App.—Tyler Dec. 17, 2003, no pet.) (mem. op., not designated for publication).

Furthermore, our Court lacks jurisdiction to review the denial of Payne’s post-

conviction habeas application by the Court of Criminal Appeals. See TEX. CODE

CRIM. PROC. art. 11.07, § 3(a) (“After final conviction in any felony case, the writ

must be made returnable to the Court of Criminal Appeals of Texas at Austin,

Texas”); TEX. CONST. art. V, § 5(a) (unless provided otherwise, Court of Criminal

Appeals has final appellate jurisdiction in criminal cases).

Accordingly, we dismiss this appeal for lack of jurisdiction. We dismiss any

pending motions as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.

Do not publish. TEX. R. APP. P. 47.2(b).