Levine, Ex Parte Louis A/K/A Martinez, Luis

• Court: Court of Criminal Appeals of Texas
• Decided: December 7, 2005
• Docket: AP-75,302
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,302 & AP-75,303 EX PARTE LOUIS LEVINE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NOS 1992CR6716-W1 AND 1992CR6717A IN THE 144^TH JUDICIAL DISTRICT COURT OF BEXAR COUNTY

Per curiam. Keller, PJ. filed a dissenting opinion, in which Hervey and Cochran, JJ. joined.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq.. Applicant pleaded guilty to two counts of the felony offense of burglary of a habitation, and punishment was assessed at twelve years' confinement. No direct appeal was taken.

Applicant contends, inter alia, that the trial court had no jurisdiction to hear these cases, because Applicant was only sixteen years old at the time of the offenses, and was not certified as an adult. The trial court entered findings of fact and conclusions of law recommending that Applicant's convictions be set aside for want of jurisdiction. We agree. Habeas corpus relief is granted. The convictions and sentences in cause numbers 1992CR6716-W1 and 1992CR6717A from the 144^th District Court of Bexar County are set aside for lack of jurisdiction.

DO NOT PUBLISH

DELIVERED: December 7, 2005