Ex Parte Theodore Timothy Demaree

• Court: Court of Appeals of Texas
• Decided: October 31, 2022
• Docket: 03-22-00576-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00576-CR

Ex parte Theodore Timothy Demaree

FROM THE 368TH DISTRICT COURT OF WILLIAMSON COUNTY NO. 16-3332-K368, THE HONORABLE RICK J. KENNON, JUDGE PRESIDING

MEMORANDUM OPINION

Theodore Timothy Demaree was convicted in 2017 of the offenses of aggravated

robbery with a deadly weapon and unlawful possession of a firearm by a felon. This

Court affirmed his convictions on appeal. See Demaree v. State, No. 03-17-00710-CR,

2018 WL 5668281, at *6 (Tex. App.—Austin Nov. 1, 2018, no pet.) (mem. op., not designated

for publication). In August 2022, Demaree filed in the Court of Criminal Appeals an Article

11.07 application for writ of habeas corpus. See Tex. Code Crim. Proc. art. 11.07, § 3(a).

Pursuant to Article 11.07, the district court that convicted Demaree made findings of fact and

conclusions of law, and Demaree has filed in this Court a notice of appeal from the district

court’s findings. However, only the Court of Criminal Appeals has jurisdiction to review the

district court’s findings under Article 11.07. See id. art. 11.07, § 3(d); Ater v. Eighth Court of

Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also Ex parte Alexander, 685 S.W.2d

57, 60 (Tex. Crim. App. 1985) (“It is well established that only the Court of Criminal Appeals

possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction.”). Accordingly, we dismiss Demaree’s appeal for want

of jurisdiction.

__________________________________________ Gisela D. Triana, Justice

Before Chief Justice Byrne, Justices Triana and Smith

Dismissed for Want of Jurisdiction

Filed: October 31, 2022

Do Not Publish