Gerald Hayes v. State

• Court: Court of Appeals of Texas
• Decided: January 29, 2009
• Docket: 01-08-00989-CR
• Status: Published

Opinion

Opinion to Issue January 29, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00988-CR

NO. 01-08-00989-CR

GERALD HAYES, APPELLANT

V.

THE STATE OF TEXAS

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On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause Nos. 1190731, 1190732

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MEMORANDUM OPINION

               Appellant, Gerald Hayes, filed post-conviction applications for writs of habeas corpus in the trial court. The trial court denied the applications. Relator attempts to appeal to this Court.

               The denial of a application for a writ of habeas corpus may not be reviewed on appeal. See Williams v. Harmon, 788 S.W.2d 192, 193 (Tex. App.—Houston [1st Dist.] 1990, no pet.). The only remedy for the denial of an application for a writ of habeas corpus is to present the application to another judge having jurisdiction. Id. (citing Nichlos v. State, 255 S.W.2d 522, 526 (Tex. Crim. App. 1952)).

               Accordingly, we dismiss these appeals for want of jurisdiction.

               All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).