in Re: Harold Leon Higgins

• Court: Court of Appeals of Texas
• Decided: June 6, 2002
• Docket: 01-02-00528-CV
• Status: Published

Opinion

In The

Court of Appeals

For the

First District of Texas

_________________

NO. 01-02-00528-CV

EX PARTE HAROLD HIGGINS A/K/A HAROLD LEON SPARKS, Relator

Original Proceeding on Application for Writ of Habeas Corpus

O P I N I O N

On April 12, 1999, in the 184th District Court of Harris County, relator was convicted of aggravated sexual assault of a child. Relator appealed his conviction to this Court. On June 21, 1999, the appeal was transferred to the Thirteenth Court of Appeals where it is now pending. Relator sent his application for habeas corpus relief to the Thirteenth Court of Appeals, which forwarded it to this Court.

Because his appeal is still pending before the Thirteenth Court of Appeals, his conviction has not become final so as to entitle him to habeas corpus relief under article 11.07 of the Texas Code of Criminal Procedure. See Ex parte Brown, 662 S.W.2d 3, 4 (Tex. App.--Houston [1st Dist.] 1983, no pet.); Tex. Code Crim. P. Ann. art. 11.07 (Vernon Supp. 2002).

As grounds for his request for relief, relator makes various complaints about the indictment on which his conviction is based. A defendant's postconviction application for writ of habeas corpus will not be considered when direct appeal of his conviction is pending. See Brown, 662 S.W.2d at 4.

Accordingly, relator's request for habeas corpus relief is denied.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Keyes.

Do not publish. Tex. R. App. P. 47.