Jones, Harold Douglas

Court of Criminal Appeals of Texas·Decided March 21, 2007·No. WR-16,289-03·Published

Opinion



IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



WR-16,289-03
Ex parte HAROLD DOUGLAS JONES, Applicant


On Application for Writ of Habeas Corpus from

Dallas County

Statement of Womack, J., respecting the dismissal of the application, in which Price and Cochran, JJ., joined.

The Court properly dismisses this application because post-conviction habeas corpus is not available for claims of defects in proceedings under Chapter 64 of the Code of Criminal Procedure. We so decided in Ex parte Baker, 185 S.W.3d 894 (Tex. Cr. App. 2006). In the same opinion we pointed out that a habeas applicant who claims his Chapter 64 application was mishandled may file another motion under Chapter 64 in the convicting court, which can process his motion correctly.



Filed March 21, 2007.

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Related

Ex Parte Baker
185 S.W.3d 894 (Court of Criminal Appeals of Texas, 2006)