in Re Anthony J Greer Jr

Opinion

DISMISSED and Opinion Filed February 19, 2020

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-20-00158-CV

IN RE ANTHONY J. GREER JR., Relator

Original Proceeding from the County Criminal Court No. 10 Dallas County, Texas

Trial Court Cause No. M17-40587-L

MEMORANDUM OPINION

Before Justices Bridges, Osborne, and Reichek Opinion by Justice Reichek Anthony J. Greer Jr. has filed an original application for writ of habeas corpus in this Court

under articles 11.072 and 11.09 of the code of criminal procedure requesting that this Court conduct a hearing on the continued enforcement of his probation conditions, vacate his plea of guilty to harassment, dismiss all charges against him, and declare him to be an indigent. Relator contends the trial court granted his application for writ of habeas corpus and vacated his conviction for harassment, but it continues to enforce the probation conditions imposed while he was on community supervision.

We do not have jurisdiction to consider an original application for writ of habeas corpus filed in a criminal proceeding. See TEX. CODE CRIM. PROC. ANN. art. 11.05; TEX. GOV’T CODE ANN. § 22.221(d); In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per curiam).

An article 11.072 habeas writ application must be filed “with the clerk of the court in which community supervision was imposed.” TEX. CODE CRIM. PROC. ANN. art. 11.072, § 2(a). An article 11.09 habeas writ application challenging a person’s confinement on a misdemeanor charge must be made to “the county judge of the county in which the misdemeanor is charged to have been committed . . . .” TEX. CODE CRIM. PROC. ANN. art. 11.09.

Accordingly, we dismiss the writ application for want of jurisdiction.

/Amanda L. Reichek/

AMANDA L. REICHEK

JUSTICE

200158F.P05