Wofford, Ex Parte Michael Wayne

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,095

Ex parte MICHAEL WAYNE WOFFORD, Applicant

APPLICATION FOR WRIT OF HABEAS CORPUS

FROM DALLAS COUNTY

Keller, P.J., delivered the opinion of the unanimous Court.

Applicant was convicted of sexual assault. He later filed a post-conviction motion for DNA testing under Chapter 64, ⁽¹⁾ and because he was indigent, counsel was appointed in accordance with the terms of the statute. ⁽²⁾ The trial court denied the motion. Counsel filed a notice of appeal, but the notice was filed late, and the appeal was dismissed for lack of jurisdiction. Applicant then filed a habeas corpus application, alleging that he was denied his right to appeal and that counsel's failure to timely file the notice of appeal constituted ineffective assistance, entitling applicant to relief in the form of an out-of-time appeal.

We held in Ex parte Baker, 2006 Tex. Crim. App. LEXIS 302 (February 8, 2006), that complaints arising out of Chapter 64 proceedings are not cognizable in post-conviction habeas corpus proceedings. The application is therefore dismissed.

Keller, Presiding Judge

Date delivered: March 8, 2006

Do not publish

1. Tex. Code Crim. Proc., Art. 64.01, et. seq.

2. Art. 64.01(c).