Mark Anthony Clark v. State

• Court: Court of Appeals of Texas
• Decided: August 31, 2005
• Docket: 10-05-00301-CR
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00301-CR

Mark Anthony Clark,

                                                                      Appellant

 v.

The State of Texas,

                                                                      Appellee

From the 82nd District Court

Falls County, Texas

Trial Court No. 6036

MEMORANDUM  Opinion

          Mark Anthony Clark filed a notice of appeal from the trial court’s denial of his Petition for Writ of Error Coram Nobis. 

          The common law writ of coram nobis has no application in this State, and we have no jurisdiction of the appeal of a denial of a writ of coram nobis.[1]  See Ex parte Massey, 157 Tex. Crim. 491, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952); In re Reyes, No. 10-05-00234-CR, 2005 Tex. App. LEXIS 5568 (Tex. App.—Waco July 13, 2005, orig. proceeding).

          Accordingly, this appeal is dismissed.

                                                                   TOM GRAY

                                                                   Chief Justice

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed August 31, 2005

Do not publish

[CRPM]

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[1] We will not characterize the document filed in the trial court as a writ of habeas corpus because it is clear that Clark knows what a writ of habeas corpus is and has used that post-conviction writ previously.