In Re: Ramiro ChapaAppeal from 203rd Judicial District Court of Dallas County (memorandum opinion )

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Habeas Corpus Dismissed and Opinion Filed November 4, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01504-CV IN RE RAMIRO CHAPA, Relator Original Proceeding from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F04-36350-P MEMORANDUM OPINION Before Justices Moseley, Lang-Miers, and Evans Opinion by Justice Evans Before the Court is relator s Motion to Dismiss, Pending Charge for Statute of Limitations. In the motion, relator asks that this Court dismiss the charge pending against him in trial court no. F04-36350-P because the statute of limitations has run. Appellant asserts that he is currently serving a sixty-month sentence in the federal prison system on a marijuana distribution conviction. Relator seeks dismissal of the state court charge so that he can participate in a federal drug abuse rehabilitation program. Because relator asks this Court to dismiss the pending charge, he is seeking habeas corpus relief. Courts of appeals do not have original habeas corpus jurisdiction in criminal cases. See TEX. CODE CRIM. P. ANN. art. 11.05 (West 2005); TEX. GOV T CODE ANN. § 22.221(d) (West 2004). We dismiss the petition for want of jurisdiction. /David Evans/ DAVID EVANS JUSTICE 131504F.P05 2

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