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On December 28, 2011, we notified Farias of our concern that we lack jurisdiction over this appeal and informed him that the appeal may be dismissed for want of jurisdiction unless he or any party desiring to continue the appeal filed a response with the court by January 9, 2012, showing grounds for continuing the appeal. Farias filed a response, but it does not show grounds for continuing the appeal. We generally have jurisdiction to consider an appeal by a criminal defendant only from a judgment of conviction. See Tex.Code Crim. Proc. Ann. art. 44.02 (West 2006); McKown v. State, 915 S.W.2d 160, 161 (Tex.App.—Fort Worth 1996, no pet.). We have no jurisdiction over post-conviction writs of habeas corpus in felony cases, including appeals involving requests for a free record to pursue a post-conviction writ of habeas corpus. See Tex.Code Crim. Proc. Ann. art. 11.07 (West Supp.2011); Peters v. State, No. 02–11–00230–CV, 2011 WL 3672035, at *1 (Tex.App.—Fort Worth Aug. 18, 2011) (mem. op., not designated for publication). We dismiss this appeal for want of jurisdiction. See Tex.R.App. P. 43.2(f).
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
Tex.R. App. P. 47.2(b)
DELIVERED: February 2, 2012
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Docket No: NO. 02–11–00570–CR
Decided: February 02, 2012
Court: Court of Appeals of Texas, Waco.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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