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Robert Troy McClure, Appellant v. The State of Texas, Appellee
M E M O R A N D U M O P I N I O N
Appellant Robert Troy McClure has filed a pro se notice of appeal of the trial court's Findings of Fact and Conclusions of Law, Recommendation and Order entered in response to McClure's fifth application for writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure. See Tex.Code Crim. Proc. art. 11.07 (procedure for application for writ of habeas corpus).
Article 11.07 vests complete jurisdiction over post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals. See Tex.Code Crim. Proc. art. 11.07, § 5; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex.Crim.App.1995); In re Watson, 253 S.W.3d 319, 320 (Tex.App.—Amarillo 2008, orig. proceeding). The intermediate courts of appeals have no role in criminal law matters pertaining to proceedings initiated under article 11.07. See In re Briscoe, 20 S.W.3d 196 (Tex.App.—Houston [14th Dist.] 2006, orig. proceeding); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.—Houston [1st Dist.] 2001, orig. proceeding); cf. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117–18 (Tex.Crim.App.2013). Accordingly, we dismiss this appeal for want of jurisdiction.
Melissa Goodwin, Justice
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Docket No: NO. 03–13–00226–CR
Decided: June 13, 2013
Court: Court of Appeals of Texas, Austin.
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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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