in Re David Starks

• Court: Court of Appeals of Texas
• Decided: January 18, 2018
• Docket: 14-17-00949-CR
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed January 18, 2018.

In The

Fourteenth Court of Appeals

NO. 14-17-00949-CR

IN RE DAVID STARKS, Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 174th District Court Harris County, Texas Trial Court Cause No. 1540047

MEMORANDUM OPINION

On December 6, 2017, relator David Starks filed a petition for writ of habeas corpus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to declare the felony conviction and judgment against him void. This court, as an intermediate court of appeals, has no jurisdiction over post- conviction writs of habeas corpus in felony cases. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a), (b) (West 2015); In re Briscoe, 230 S.W.3d 196, 196–97 (Tex. App.—Houston [14th Dist.] 2006, orig. proceeding) (“Courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases”); Ex parte Martinez, 175 S.W.3d 510, 512–13 (Tex. App.—Texarkana 2005, orig. proceeding) (“Our law requires post-conviction applications for writs of habeas corpus, for felony cases in which the death penalty was not assessed, to be filed in the court of original conviction, made returnable to the Texas Court of Criminal Appeals”) (citing Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a), (b)); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (“only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings”).

Accordingly, we dismiss relator’s petition for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Busby and Wise. Do Not Publish — Tex. R. App. P. 47.2(b).