Ex parte Feliciano Saldivar--Appeal from 40th District Court of Ellis County (majority)

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IN THE TENTH COURT OF APPEALS No. 10-11-00331-CR EX PARTE FELICIANO SALDIVAR, From the 40th District Court Ellis County, Texas Trial Court No. 26149CR/A MEMORANDUM OPINION Feliciano Saldivar has filed a petition for writ of habeas corpus with respect to his felony conviction. 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Before Chief Justice Gray, Justice Davis, and Justice Scoggins Dismissed Opinion delivered and filed October 19, 2011 Do not publish [OT06] Ex parte Saldivar Page 2

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