Tracy Linn Holmes v. The State of Texas--Appeal from 249th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-05-00119-CR

Tracy LInn Holmes,

Appellant

v.

The State of  Texas,

Appellee

From the 249th District Court

Johnson County, Texas

Trial Court # F35587

MEMORANDUM Opinion

The trial court revoked Tracy Linn Holmes s community supervision for engaging in organized criminal activity in October 2003 and sentenced him to five years imprisonment. Holmes filed a habeas application purportedly under Article 11.072 of the Code of Criminal Procedure in December 2004. Holmes appeals the trial court s denial of that application. However, because Holmes s habeas application is in fact a post-conviction application, we will dismiss the appeal.

Article 11.072 establishes the procedures for an application for a writ of habeas corpus in a felony or misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction ordering community supervision. Tex. Code Crim. Proc. Ann. art. 11.072, 1 (Vernon 2005). Here, despite the recitations in the habeas application, Holmes seeks habeas relief from a final felony conviction.

Only the Court of Criminal Appeals has jurisdiction to grant post-conviction relief from an otherwise final felony conviction. In re Stone, 26 S.W.3d 568, 569 (Tex. App. Waco 2000, orig. proceeding) (per curiam) (citing Bd. of Pardons & Paroles ex rel. Keene v. Ct. of Apps. for 8th Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (orig. proceeding)). Article 11.07 establishes the procedures to follow when seeking post-conviction habeas relief. Id.

The Clerk of this Court notified Holmes that this appeal appears subject to dismissal for want of jurisdiction because it is a post-conviction habeas proceeding and that the appeal would be dismissed for want of jurisdiction if a response showing grounds for continuing the appeal was not filed within 10 days. Holmes has not filed a response.

Accordingly, the appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed April 13, 2005

Do not publish

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