in Re Anthony J Greer Jr ( 2020 )

DISMISSED and Opinion Filed February 19, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00158-CV
IN RE ANTHONY J. GREER JR., Relator
Original Proceeding from the County Criminal Court No. 10
Dallas County, Texas
Trial Court Cause No. M17-40587-L
MEMORANDUM OPINION
Before Justices Bridges, Osborne, and Reichek
Opinion by Justice Reichek
Anthony J. Greer Jr. has filed an original application for writ of habeas corpus in this Court
under articles 11.072 and 11.09 of the code of criminal procedure requesting that this Court
conduct a hearing on the continued enforcement of his probation conditions, vacate his plea of
guilty to harassment, dismiss all charges against him, and declare him to be an indigent. Relator
contends the trial court granted his application for writ of habeas corpus and vacated his conviction
for harassment, but it continues to enforce the probation conditions imposed while he was on
community supervision.
We do not have jurisdiction to consider an original application for writ of habeas corpus
filed in a criminal proceeding. See TEX. CODE CRIM. PROC. ANN. art. 11.05; TEX. GOV’T CODE
ANN. § 22.221(d); In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016,
orig. proceeding) (per curiam).
An article 11.072 habeas writ application must be filed “with the clerk of the court in which
community supervision was imposed.” TEX. CODE CRIM. PROC. ANN. art. 11.072, § 2(a). An
article 11.09 habeas writ application challenging a person’s confinement on a misdemeanor charge
must be made to “the county judge of the county in which the misdemeanor is charged to have
been committed . . . .” TEX. CODE CRIM. PROC. ANN. art. 11.09.
Accordingly, we dismiss the writ application for want of jurisdiction.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
200158F.P05
–2–