Ex Parte: Alberto Pacheco ( 2004 )

NO. 07-04-0295-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MAY 27, 2004
______________________________
EX PARTE ALBERTO PACHECO
_______________________________
Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
Appellant Alberto Pacheco has filed a Petition for Habeas Corpus with the clerk of
this court, although the caption of the petition references the Court of Criminal Appeals.
In the petition, appellant seeks relief from his allegedly illegal restraint in the Texas
Department of Criminal Justice-Institutional Division, pursuant to his conviction and
sentence in cause number 42881-B in the 181st District Court of Potter County.
Under article 11.07 of the Code of Criminal Procedure, the Court of Criminal Appeals
has exclusive authority to release from confinement persons who have been finally
convicted of noncapital felonies. See TEX . CRIM . PROC . CODE ANN . art.11.07 (West
Supp.2004) (post-conviction habeas corpus procedure in noncapital cases); Hoang v.
State, 872 S.W.2d 694, 697 (Tex.Crim.App.1993).
We dismiss for want of jurisdiction. See Watson v. State, 96 S.W.3d 497, 500
(Tex.App--Amarillo 2002, pet. ref'd).
Phil Johnson
Chief Justice
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