Victor Antonio Martinez v. State ( 2008 )


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  •                                   IN THE
    TENTH COURT OF APPEALS
    No. 10-08-00314-CR
    VICTOR ANTONIO MARTINEZ,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    From the 40th District Court
    Ellis County, Texas
    Trial Court No. 28403CR
    MEMORANDUM OPINION
    In 2005, Appellant was adjudicated guilty of aggravated sexual assault of a child
    and received a ten-year sentence. The judgment adjudicating guilt states that he was
    credited thirty-one days for time served. He now apparently attempts to appeal the
    denial of an article 11.07 habeas claim for reduction of his sentence for jail time credit
    and his failed attempt to obtain free copies of documents relating to his claim for
    reduction.
    This court has jurisdiction over criminal appeals only when
    expressly granted by law. Everett v. State, 
    91 S.W.3d 386
    , 386 (Tex. App.—
    Waco 2002, no pet.). No statute vests this court with jurisdiction over an
    appeal from an order denying a request for a free copy of the trial record
    when such a request is not presented in conjunction with a timely filed
    direct appeal. Id.; see Self v. State, 
    122 S.W.3d 294
    , 294-95 (Tex. App.—
    Eastland 2003, no pet.). Furthermore, an intermediate court of appeals has
    no jurisdiction over post-conviction writs of habeas corpus in felony cases.
    
    Self, 122 S.W.3d at 295
    (citing TEX. CODE CRIM. PROC. ANN. art. 11.07).
    Clegg v. State, 
    214 S.W.3d 671
    (Tex. App.—Waco 2007, no pet.).
    We notified Appellant that unless he showed grounds for continuing his appeal,
    we might dismiss it for want of jurisdiction. Appellant has filed a response, but it does
    not show that we have jurisdiction. Accordingly, we dismiss this appeal for want of
    jurisdiction.
    PER CURIAM
    Before Chief Justice Gray,
    Justice Vance, and
    Justice Reyna
    Appeal dismissed
    Opinion delivered and filed October 29, 2008
    Do not publish
    [CR25]
    Martinez v. State                                                                      Page 2
    

Document Info

Docket Number: 10-08-00314-CR

Filed Date: 10/29/2008

Precedential Status: Precedential

Modified Date: 9/10/2015