13 2013 11 01 2005 175 510 512 13 2005 11 07 2012 53 715 717 2001 10 10 00345 CR 2010 LEXIS 8141 2010 44 v. << (2013)

Court of Appeals of Texas, Waco.

Ex parte Bobby Joe Waller, From the 52nd District Court Coryell County, Texas Trial Court No. 20,825 MEMORANDUM Opinion On September 13, 2013, we received a letter from 1 appellant, Bobby Joe Waller.1  In this letter, appellant complains about a prior conviction in 1982 and about our July 18, 2013 opinion in this case, wherein we affirmed appellant's conviction for failing to register as a sex offender.  See generally Waller v. State, No. 10–12–00089–CR, 2013 Tex.App. LEXIS 8909 (Tex.App.—Waco July 18, 2013, no pet.) (mem. op., not designated for publication).  Our records indicate that, after we issued our opinion, appellant filed several letters, including a motion for rehearing.  On August 21, 2013, we denied appellant's motion for rehearing and declined to take action on appellant's other letters.  We did, however, inform appellant that this Court does not have jurisdiction over post-conviction applications for writ of habeas corpus. Given that appellant appears to challenge his underlying convictions in his September 13, 2013 letter, we construe this filing as a post-conviction application for 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.”).  Further, because we have denied appellant's motion for rehearing, and because this Court does not have jurisdiction over post-conviction applications for writ of habeas corpus, we conclude that this Court no longer has jurisdiction over this matter.  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.2012));  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).  Accordingly, we dismiss this matter for lack of jurisdiction.  SeeTex.R.App. P. 44.3.

No. 10–13–00329–CR

Decided: October 17, 2013

Before Chief Justice Gray, Justice Davis, and Justice Scoggins