In Re: Jerry Wayne Hudson--Appeal from 339th District Court of Harris County

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed November 12, 2004

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed November 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-01039-CV

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IN RE JERRY WAYNE HUDSON, Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

M E M O R A N D U M O P I N I O N

On October 29, 2004, relator filed a petition for writ of habeas corpus in this court.[1] See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator seeks to have this court issue an extraordinary writ to set aside his criminal conviction for assault on a family member. This court has no original habeas corpus jurisdiction in criminal matters. See Ex parte Denby, 627 S.W.2d 435 (Tex. App.CHouston [1st Dist.] 1981, orig. proceeding).

Accordingly, we dismiss relator=s petition for writ of habeas corpus. Appellant=s direct appeal of his conviction remains pending before this court under our appeal number 14-04-00483-CR.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed November 12, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

[1] Relator styled his petition as a request for a writ of error coram nobis. The purpose of a writ of coram nobis was to bring before the court that rendered the judgment factual matters that would have prevented rendition of the judgment. Ex parte McKenzie, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930). The writ of coram nobis has no application in modern Texas criminal law. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952). We construe relator=s petition as an application for a writ of habeas corpus.