Ex Parte Marshall S. Hicks

• Court: Court of Appeals of Texas
• Decided: December 19, 2014
• Docket: 10-14-00388-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-14-00388-CR

EX PARTE MARSHALL S. HICKS

From the 413th District Court Johnson County, Texas Trial Court No. F44149

MEMORANDUM OPINION

Marshall Shane Hicks was convicted in 2010 of indecency with a child. His

original appeal of that conviction was transferred from this Court to the Thirteenth

Court of Appeals (Corpus Christi). That appeal was dismissed because the conviction

was based on a plea bargain, and Hicks had no right to appeal.

On October 30, 2014, Hicks filed a document entitled “Motion for Judgment to

Correct Clerical Mistake (Nunc Pro Tunc)” as an original proceeding requesting relief

directly from this Court. In re Hicks, 2014 Tex. App. LEXIS 12657, No. 10-14-00343-CR

(Tex. App.—Waco Nov. 20, 2014, orig. proceeding). We dismissed the proceeding on

November 20, 2014 for want of jurisdiction because Hicks asked this Court to correct the opinion and judgment by the Thirteenth Court of Appeals, and we have no

jurisdiction over the opinions or judgments of other courts of appeals. Id.; see TEX.

CONST. ART. V, § 6(a).

Hicks now has filed a document entitled “Amended Petition Denying Relator

Due Process, Civil Rights Violation Associated with Ineffective Counsel.” We do not

construe this document to be a motion to reconsider our November 20 dismissal

because, rather than asking us to review our previous decision, he asks us to review the

trial court’s actions and decisions regarding Hicks’ plea of guilty in the underlying

criminal proceeding. We, therefore, construe Hicks’ request to be a post-conviction writ

of habeas corpus of a felony conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07

(West 2005). We do not have jurisdiction to grant a post-conviction writ of habeas

corpus of a felony conviction. Id. art. 11.05.

Accordingly, Hicks’ “amended” petition is dismissed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition dismissed Opinion delivered and filed December 18, 2014 Do not publish [OT06]

In re Hicks Page 2