Court of Civil Appeals of Texas, 2013

in Re Tony Ray Jones

in Re Tony Ray Jones
Court of Civil Appeals of Texas · Decided March 7, 2013

in Re Tony Ray Jones

Opinion

Opinion filed March 7, 2013

In The Eleventh Court of Appeals __________ No. 11-13-00079-CR __________ IN RE TONY RAY JONES

Original Proceeding

MEMORANDUM OPINION Appearing pro se, Relator, Tony Ray Jones, a prison inmate, has filed an original proceeding wherein it appears that he is attempting to obtain postconviction habeas corpus relief.

Finding that we lack jurisdiction, we dismiss the petition.

The habeas corpus procedure set out in Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive remedy for felony postconviction relief in state court. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West Supp. 2012); Bd. of Pardons & Paroles ex rel.

Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 484 (Tex. Crim. App. 1995).

There is no role for the courts of appeals in the procedure under Article 11.07. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 242 (Tex. Crim. App. 1991). Accordingly, we dismiss Relator’s original proceeding for want of jurisdiction.

March 7, 2013 PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Willson, J.

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