Ex Parte: Benjamin Wayne McCoin--Appeal from 102nd District Court of Red River County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00133-CR

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EX PARTE BENJAMIN WAYNE MCCOIN

Original Habeas Corpus Proceeding

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

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

In 2000, a jury convicted Benjamin Wayne McCoin for trying to kill his ex-wife and her husband by blowing them up with dynamite. See McCoin v. State, 56 S.W.3d 609 (Tex. App. Texarkana 2001, no pet.). McCoin was sentenced to ninety-nine years' imprisonment, and this Court affirmed the conviction on direct appeal. See id. McCoin has now filed a "writ of unassigned error" asking us to reverse his conviction. Because McCoin's writ application amounts to a collateral attack on his conviction, and because we lack jurisdiction to consider such applications, we dismiss this case.

This Court has jurisdiction only where expressly granted by statute. Apolinar v. State, 820 S.W.2d 792, 794 (Tex. Crim. App. 1991). No statute vests this Court with jurisdiction over original applications for post-conviction writs of habeas corpus. Instead, such writs must be filed with the original court of conviction and made returnable to the Texas Court of Criminal Appeals in Austin. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004 2005).

Accordingly, we dismiss McCoin's application for want of jurisdiction.

Josh R. Morriss, III

Chief Justice

Date Submitted: September 22, 2004

Date Decided: September 23, 2004

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