Ex Parte: Terry Louis Miller--Appeal from 188th District Court of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00130-CR

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EX PARTE TERRY LEWIS MILLER

Original Habeas Corpus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Terry Lewis Miller has filed an original application for post-conviction relief pursuant to Chapter Eleven of the Texas Code of Criminal Procedure. Miller was convicted in Gregg County for unlawfully possessing a firearm while a felon. See Tex. Pen. Code Ann. 46.04 (Vernon Supp. 2004 2005). We recently affirmed that conviction on direct appeal. See Miller v. State, No. 06-03-00180-CR, 2004 Tex. App. LEXIS 1917 (Tex. App. Texarkana Feb. 27, 2004, pet. ref'd) (mem. op.) (not designated for publication).

Miller presented his habeas application in this case in conjunction with his application for writ of habeas corpus in a companion case, Ex parte Terry Lewis Miller, No. 06-04-00129-CR. The issues and factual allegations raised in that application are identical to those Miller raises in this case. Since the applications for writs of habeas corpus, as well as the arguments raised therein, are identical in both applications, for the reasons stated in Ex parte Terry Lewis Miller, No. 06-0400129-CR, we dismiss this case for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: September 9, 2004

Date Decided: September 10, 2004

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