Hampton, Jarrett Russell

• Court: Court of Criminal Appeals of Texas
• Decided: March 8, 2006
• Docket: WR-39,930-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-39,930-01 EX PARTE JARRETT RUSSELL HAMPTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NOS. W98-00096-U, W97-18712-U, W98-00098-U, AND

W98-00097-U IN THE 291ST JUDICIAL DISTRICT COURT

OF DALLAS COUNTY

Per curiam.

O R D E R

Applications for writs of habeas corpus in these causes were transmitted to this Court on February 7 and 9, 2006, by the district clerk pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967). In those applications, Applicant alleged that this Court's denial of his first writ challenging these convictions was improper because his direct appeal was pending at the time the writ was filed.

This Court denied relief without written order in our writ number WR-39,930-01 on February 10, 1999. Applicant's direct appeal was decided on November 10, 1999, and mandate issued on April 20, 2000. Applicant is correct that this Court was without jurisdiction to consider his -01 writ on its merits.

Therefore, this Court reconsiders Applicant's -01 writ on its own motion, and finds that the application should have been dismissed under Texas Code of Criminal Procedure Article 11.07, Section 3(a)-(b), because Applicant's convictions were not final at the time it was filed. Our prior decision to deny without written order is withdrawn. Applicant's -01 writ is dismissed. Tex. Code Crim. Proc. art. 11.07, §§ 1, 3(a)-(b).

IT IS SO ORDERED on this the 8^th of March, 2006.

DO NOT PUBLISH