Garza, Jose Fidencio Trevino

Court of Criminal Appeals of Texas

Garza, Jose Fidencio Trevino

DecidedMarch 24, 2010

DocketWR-73,402-01

StatusPublished

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Garza, Jose Fidencio Trevino, (Tex. 2010).

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Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,402-01 EX PARTE JOSE FIDENCIO TREVINO GARZA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR-643-08-A IN THE 92ND DISTRICT COURT

FROM HIDALGO COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to eighty years' imprisonment. His appeal is pending before the Thirteenth Court of Appeals.

On February 3, 2010, we dismissed this application for noncompliance. Tex. R. App. P. 73.1.We now withdraw that disposition on our own motion and dismiss because Applicant's conviction is not final. We do not have jurisdiction under Article 11.07 of the Code of Criminal Procedure unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(a); Ex parte Johnson, 12 S.W.3d 472, 473 (Tex. Crim. App. 2000). Accordingly, this application is dismissed.

Filed: March 24, 2010

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