Ex Parte Lockhart

868 S.W.2d 346, 1993 Tex. Crim. App. LEXIS 182, 1993 WL 487490

• Court: Court of Criminal Appeals of Texas
• Decided: November 22, 1993
• Docket: 25669-01
• Status: Published

Opinions

ORDER

PER CURIAM.

This Court affirmed applicant’s capital murder conviction and sentence of death on direct appeal. Lockhart v. State, 847 S.W.2d 568 (Tex.Cr.App.1992). The trial court has scheduled applicant’s execution to be carried out on or before sunrise, November 23, 1993.

By the instant motion, applicant seeks a stay of execution in order to allow time for the Texas Resource Center to recruit an attorney to represent him and prepare a post conviction application for writ of habeas corpus under Art. 11.07, V.A.C.C.P.

Applicant first presented his motion for a stay of execution to the convicting court. The trial court denied the relief requested after noting no colorable claim for habeas corpus relief is set forth in the motion and no effort has heen made to invoke the trial court’s jurisdiction. See Tex.RApp.Pro. Rule 233.

We find we do not have jurisdiction to grant the relief requested by applicant. The granting of such relief would in no manner tend to protect this Court’s jurisdiction or enforce a judgment of this Court. See Tex. Const., Art. V, Sec. 5. Therefore, the relief sought is denied.

IT IS SO ORDERED.

OVERSTREET, J., dissents.