Watts, William Thomas ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-73,166-01

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EX PARTE WILLIAM THOMAS WATTS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. DIS-08-01654 IN THE 119TH DISTRICT COURT FROM CONCHO COUNTY

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   Per curiam.

O R D E R  

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to fifty years' imprisonment. The Third Court of Appeals dismissed his appeal. Watts v. State, No. 03-08-00725-CR (Tex. App.-Austin 2009, no pet.).

Applicant contends that his counsel rendered ineffective assistance because he failed to timely file a notice of appeal. The trial court made findings of fact and conclusions of law and recommended that we grant Applicant an out-of-time appeal. Applicant's conviction, however, was not final when his application was filed in Concho County. We do not have jurisdiction under Article 11.07 of the Code of Criminal Procedure unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(c); Ex parte Johnson, 12 S.W.3d 472 (Tex. Crim. App. 2000). Accordingly, this application is dismissed.

Filed: January 13, 2010

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