eLaws | Code of Federal Regulations | United States Code |
 All Courts
 State Courts
 Court of Appeals of Texas
 2021-12

Ex Parte Mark Hanson ( 2021 )


Menu:
 
  •                                    IN THE
TENTH COURT OF APPEALS
No. 10-21-00335-CR
EX PARTE MARK HANSON
From the 87th District Court
Freestone County, Texas
Trial Court No. 02-032-CR-A
MEMORANDUM OPINION
Mark Hanson has filed a notice of appeal from the denial of his Code of Criminal
Procedure article 11.07 writ of habeas corpus application by the Court of Criminal
Appeals.
The Court of Criminal Appeals and this Court have recognized that “the exclusive
post-conviction remedy in final felony convictions in Texas courts is through a writ of
habeas corpus pursuant to [Code of Criminal Procedure article] 11.07.” Olivo v. State,
    918 S.W.2d 519
    , 525 n.8 (Tex. Crim. App. 1996); see TEX. CODE CRIM. PROC. ANN. art. 11.07; Ex
parte Mendenhall,
    209 S.W.3d 260
    , 261 (Tex. App.—Waco 2006, no pet.). Moreover, only
the Court of Criminal Appeals has jurisdiction to grant post-conviction habeas corpus in
felony cases. See Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist.,
    910 S.W.2d 481
    , 483 (Tex. Crim. App. 1995) (orig. proceeding); Ater v. Eighth Court of
Appeals,
    802 S.W.2d 241
    , 243 (Tex. Crim. App. 1991) (orig. proceeding). We are therefore
without jurisdiction to consider this appeal.
Accordingly, this appeal is dismissed for want of jurisdiction.
Notwithstanding that we are dismissing this appeal, Hanson may file a motion for
rehearing with this Court within 15 days after this opinion and judgment are rendered if
he believes this opinion and judgment are erroneously based on inaccurate information
or documents. See TEX. R. APP. P. 49.1. Moreover, if Hanson desires to have the opinion
and judgment of this Court reviewed by filing a petition for discretionary review, that
petition must be filed with the Court of Criminal Appeals within 30 days after either the
day this Court’s judgment is rendered or the day the last timely motion for rehearing is
overruled by this Court. See
    id.
     R. 68.2(a).
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed December 22, 2021
Do not publish
[CR25]
Ex parte Hanson                                                                    Page 2