Marcell Deon Dean v. The State of Texas--Appeal from 109th District Court of Andrews County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MARCELL DEON DEAN, )

) No. 08-05-00078-CR

Appellant, )

) Appeal from the

v. )

) 109th District Court

THE STATE OF TEXAS, )

) of Andrews County, Texas

Appellee. )

) (TC# 3631-R-C)

)

MEMORANDUM OPINION

Appellant Marcell Deon Dean seeks to appeal the trial court=s denial of a writ of habeas corpus pursuant to Article 11.07, ' 4 of the Texas Code of Criminal Procedure. We dismiss the appeal for want of jurisdiction.

Article 11.07 establishes the procedures for a post conviction application for writ of habeas corpus in a non capital felony case. See Tex.Code Crim.Proc.Ann. art. 11.07 (Vernon 2005). The only courts referred to in Article 11.07 are the convicting court and the court of criminal appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex.App. -Houston [1st Dist.] 2001, orig. proceeding). The Article prescribes no role for the court of appeals. See id. This Court has no jurisdiction over post-conviction habeas corpus proceedings under Article 11.07. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991). Accordingly, the appeal is dismissed for want of jurisdiction.

March 31, 2005

DAVID WELLINGTON CHEW, Justice

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)