Ex parte Timothy L. Maxey--Appeal from 272nd District Court of Brazos County
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IN THE TENTH COURT OF APPEALS No. 10-10-00345-CR EX PARTE TIMOTHY L. MAXEY From the 272nd District Court Brazos County, Texas Trial Court No. 09-04881-CRF-272 MEMORANDUM OPINION Timothy L. Maxey has filed an application for writ of habeas corpus under Article 11.07 of the Code of Criminal Procedure with respect to his felony conviction and 17-month sentence for possession of marijuana. This court, as an intermediate court of appeals, has no 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) ( Our law requires post-conviction applications for writs of habeas corpus, for felony cases in which the death penalty was not assessed, to be filed in the court of original conviction, made returnable to the Texas Court of Criminal Appeals. ) (citing TEX. CODE CRIM. PROC. ANN. art. 11.07(3)(a), (b)). Because we have no jurisdiction over this post-conviction habeas corpus proceeding, we dismiss it. REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed October 6, 2010 Do not publish [OT06] Ex parte Maxey Page 2
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