Chen, Pan Yaw ( 2015 )


Menu:
  •                 IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-83,926-01
    EX PARTE PAN YAW CHEN, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 560496-A IN THE 185TH DISTRICT COURT
    FROM HARRIS COUNTY
    Per curiam.
    ORDER
    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 unlawful
    redemption of food stamps and fined $1,000. The conviction was affirmed on appeal. Chen v. State,
    No. C14-91-00064-CR (Tex. App.—Houston [14th Dist.] Feb. 6, 1992) (not designated for
    publication).
    Applicant’s writ application, filed by habeas counsel, states that it is filed in the trial court
    under authority of Article 11.09 of the Code of Criminal Procedure to challenge a misdemeanor
    2
    conviction. From the time it was filed, it appears that the Harris County authorities treated the writ
    application as one filed under Article 11.07 of the Code of Criminal Procedure. After almost twenty-
    two years,1 the State filed an answer, arguing that the Applicant “cannot invoke the proper
    jurisdiction of Article 11.07,” because his writ application challenges a misdemeanor conviction.
    The trial court signed findings of fact determining that the writ was filed “pursuant to Article 11.07,”
    and concluding that because the writ challenges a misdemeanor conviction, an Article 11.07 writ
    application is inappropriate.
    We conclude that the writ application was filed under authority of Article 11.09 of the Code
    of Criminal Procedure and is not properly before this Court. Accordingly, the cause is dismissed in
    this Court and the writ application is returned to the 185th District Court of Harris County for any
    further proceedings, if necessary, under Article 11.09 of the Code of Criminal Procedure.
    Filed: October 14, 2015
    Do not publish
    1
    The writ application was filed in the trial court on September 7, 1993.
    

Document Info

Docket Number: WR-83,926-01

Filed Date: 10/14/2015

Precedential Status: Precedential

Modified Date: 10/14/2015