175 510 512 13 2005 11 07 2010 53 715 717 2001 10 10 00345 CR 2010 LEXIS 8141 2010 v. << (2011)

Court of Appeals of Texas, Waco.

Ex Parte Martin Lee Tredway From the 220th District Court Bosque County, Texas Trial Court No. 05–02–13863–BCCR MEMORANDUM Opinion Martin Lee Tredway has filed what he calls a “Motion for Harm Analysis,” in which he argues that the trial court improperly excluded evidence which purportedly supported his innocence with respect to his conviction for sexual assault of a child.1  In his motion, Tredway “prays his motion may be ‘granted’ in the interest of justice and without prejudice set aside and vacate the 2 1 appellant's judgment of sentence under Clewis v. State, 922 S.W.2d 126, 129 (Tex.Crim.App.1996).” 2  We construe Tredway's “Motion for Harm Analysis” as a post-conviction writ of habeas corpus.  SeeTex.Code Crim. Proc. Ann. art. 11.01 (West 2005) (“The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty.”). This Court, as an intermediate appellate court, has no jurisdiction over post-conviction writs of habeas corpus in felony cases.  See Ex parte Martinez, 175 S.W.3d 510, 512–13 (Tex.App.—Texarkana 2005, orig. proceeding) (“Our law requires post-conviction applications for writs of habeas corpus, for felony cases in which the death penalty was not assessed, to be filed in the court of original conviction, made returnable to the Texas Court of Criminal Appeals.”) (citing Tex.Code Crim. Proc. Ann. art. 11.07, § 3(a), (b) (West Supp.2010));  IN RE: McAfee, 53 S.W.3d 715, 717 (Tex.App.—Houston [1st Dist.] 2001, orig. proceeding) (noting that “only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings”);  see also Ex parte Maxey, No. 10–10–00345–CR, 2010 Tex.App. LEXIS 8141 (Tex.App.—Waco Oct. 6, 2010, no pet.) (mem. op., not designated for publication).

No. 10–11–00377–CR

Decided: November 02, 2011

Before Chief Justice Gray, Justice Davis, and Justice Scoggins