Ex Parte: Vera Elizabeth Guthrie-Nail

• Court: Court of Appeals of Texas
• Decided: June 18, 2021
• Docket: 05-21-00442-CR
• Status: Published

Opinion

DISMISS and Opinion Filed June 18, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00442-CR

EX PARTE VERA ELIZABETH GUTHRIE-NAIL

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-80635-2012

MEMORANDUM OPINION Before Chief Justice Burns, Justice Myers, and Justice Garcia Opinion by Chief Justice Burns Vera Elizabeth Guthrie-Nail filed an article 11.07 application writ for habeas

corpus in the 401st Judicial District Court. The trial court recommended denying the

application and ordered the clerk of the court to transmit a copy of the application,

the State’s response, and the trial court’s order to the Texas Court of Criminal

Appeals. On June 14, 2021, the Collin County District Clerk forwarded Vera

Elizabeth Gutherie-Nail’s notice of appeal to this Court, along with the trial court’s

findings of fact and conclusions of law.

The habeas corpus procedure set out in article 11.07 of the Texas Code of

Criminal Procedure provides the exclusive remedy for felony post-conviction relief

in Texas state court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 3(a), 5. Article 11.07 vests jurisdiction over post-conviction relief from final felony convictions in

the Texas Court of Criminal Appeals. See id. § 3(a); Padieu v. Court of Appeals of

Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); Hoang v. State, 872

S.W.2d 694, 697 (Tex. Crim. App. 1993). There is no role for the intermediate courts

of appeals in the procedure set out in article 11.07. See TEX. CODE CRIM. PROC. ANN.

art. 11.07, § 3; Ater v. Eight Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.

App. 1991) (orig. proceeding).

Because we lack jurisdiction over this appeal, we direct the Collin County

District Clerk to send a copy of the application, the State’s response, and the trial

court’s order to the Texas Court of Criminal Appeals.

We dismiss this appeal.

/Robert D. Burns, III/ ROBERT D. BURNS, III Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47.2(b) 210442F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EX PARTE VERA ELIZABETH On Appeal from the 401st Judicial GUTHRIE-NAIL District Court, Collin County, Texas Trial Court Cause No. 401-80635- No. 05-21-00442-CR 2012. Opinion delivered by Chief Justice Burns. Justices Myers and Garcia participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction.

Judgment entered June 18, 2021

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