Fred Franklin Alexander v. The State of Texas--Appeal from 361st District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00047-CR

Fred Franklin Alexander,

Appellant

v.

The State of Texas,

Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 21,126-361

MEMORANDUM Opinion

Fred Franklin Alexander has filed a pro se Appellant s Motion Requesting Permission to Appeal relating to his 1992 felony conviction and 75-year sentence.

In a February 15, 2008 letter, we notified Alexander that this cause was subject to dismissal for want of jurisdiction because if his Motion is treated as both a notice of appeal and a motion to extend time to file notice of appeal, it was not timely filed. See Tex. R. App. P. 26.2(a)(1), 26.3.

Further, we notified him that if his Motion is treated as an application for writ of habeas corpus, this cause was subject to dismissal for want of jurisdiction because this Court does not have jurisdiction over post-conviction writs of habeas corpus in felony cases. See Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App. Texarkana 2005, orig. proceeding) (intermediate court of appeals has no jurisdiction over post-conviction writs of habeas corpus in felony cases) (citing Tex. Code Crim. Proc. Ann. art. 11.07(3)(a), (b) (Vernon 2005)); Self v. State, 122 S.W.3d 294, 294-95 (Tex. App. Eastland 2003, no pet.) (same).

We warned Alexander that we might dismiss this cause unless, within 21 days after the date of our letter, he showed grounds for continuing it. He has filed a response, but it does not show grounds for continuing this cause. Accordingly, we dismiss this cause for want of jurisdiction.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed March 26, 2008

Do not publish

[CRPM]