Ricky Lee Jenkins v. The State of Texas--Appeal from Co Crim Ct at Law No 7 of Harris County

Annotate this Case

Opinion issued August 30, 2007

 

 

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00894-CR

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IN RE RICKY LEE JENKINS, Relator

 

On Appeal from County Criminal Court at Law No. 7

Harris County, Texas

Trial Court Cause No. 1365187

 

MEMORANDUM OPINION Relator, Ricky Lee Jenkins, filed a post-conviction application for writ of habeas corpus in the County Court at Law No. 7 of Harris County. According to the clerk's record filed in this Court, the trial judge never issued the writ. Relator attempts to appeal to this Court.

Denial of the writ may not be reviewed on appeal. See Williams v. Harmon, 788 S.W.2d 192, 193 (Tex. App.--Houston [1st Dist.] 1990, no pet.); see also Ex parte Fowler, 573 S.W.2d 241, 244 (Tex. Crim. App. 1978). The only remedy for denial of the writ is to present the application to another judge having jurisdiction. Williams, 788 S.W.2d at 193 (citing Nichlos v. State, 255 S.W.2d 522, 526 (Tex. Crim. App. 1952)).

Accordingly, we dismiss this appeal for want of jurisdiction.

We deny all pending motions.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).

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