Ex Parte: Jonathan N. Brock

• Court: Court of Appeals of Texas
• Decided: December 14, 1994
• Docket: 03-94-00711-CR
• Status: Published

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-94-711-CR

EX PARTE: JONATHAN N. BROCK,

APPELLANT

FROM THE DISTRICT COURT OF SAN SABA COUNTY, 33RD JUDICIAL DISTRICT

NO. 7255, HONORABLE CLAYTON E. EVANS, JUDGE PRESIDING

PER CURIAM

Jonathan N. Brock is an inmate in the San Saba prison unit operated by the institutional division of the Texas Department of Criminal Justice. On August 16, 1994, Brock filed an application for writ of habeas corpus in the court below. The application was given the cause number shown above. Apparently, the writ did not issue. The transcript forwarded to this Court by the district clerk contains only a copy of the writ application. The transcript contains neither an order denying relief nor a notice of appeal. Under the circumstances, there is nothing to appeal and this Court is without jurisdiction.

In his writ application, Brock claims that his confinement is unlawful because he is being denied certain time credits to which he is entitled. This claim is properly raised in a post-conviction habeas corpus proceeding pursuant to article 11.07 of the Code of Criminal Procedure. Tex. Code Crim. Proc. Ann. art. 11.07 (West 1977 & Supp. 1994); see Ex parte Pizzalota, 610 S.W.2d 486 (Tex. Crim. App. 1980). Under the statute, the writ application is filed in the court in which the applicant was convicted, which makes findings and forwards them to the Court of Criminal Appeals. Art. 11.07, § 2. Brock's writ application does not recite the cause number of his conviction or the court in which it was obtained. He should refile his application in the appropriate court.

The appeal is dismissed.

Before Justices Powers, Aboussie and B. A. Smith

Dismissed

Filed: December 14, 1994

Do Not Publish