in Re: Lucio, Richard D.

• Court: Court of Appeals of Texas
• Decided: October 31, 2002
• Docket: 01-02-01117-CV
• Status: Published

Opinion

Opinion issued October 31, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-01117-CV

IN RE RICHARD O. LUCIO, Relator

Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM OPINION

Relator, Richard R. Lucio, petitions this Court for a post-conviction writ of habeas corpus under Tex. Code Crim. P. Ann. art. 11.07 (Vernon Supp. 2002). This Court has no jurisdiction to hear a post-conviction application for writ of habeas corpus in felony cases. See Board of Pardons & Paroles ex rel. Keene v. Eighth Court of Appeals, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995).

Accordingly, we dismiss relator's application for writ of habeas corpus for want of jurisdiction. All requested relief is denied.

Only the Court of Criminal Appeals and the District Courts have power to issue the writ of habeas corpus in a felony case; and it is their duty, upon proper motion, to grant the writ under rules prescribed by law. Tex. Code Crim. P. art. 11.05 (Vernon 1977), art. 11.07 (Vernon Supp. 2002).

It is so ORDERED.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Radack.

Do not publish.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