Court of Civil Appeals of Texas, 2020

Ex Parte Franklin Robert Elkins

Ex Parte Franklin Robert Elkins
Court of Civil Appeals of Texas · Decided January 30, 2020

Ex Parte Franklin Robert Elkins

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-19-00471-CR ___________________________ Ex parte Franklin Robert Elkins

On Appeal from Criminal District Court No. 2 Tarrant County, Texas Trial Court No. C-2-W011598-0842389-D

Before Womack, J.; Sudderth, C.J.; and Wallach, J.

Per Curiam Memorandum Opinion MEMORANDUM OPINION Franklin Robert Elkins attempts to appeal from the trial court’s order recommending that the Texas Court of Criminal Appeals deny his pro se Article 11.07 application for writ of habeas corpus seeking postconviction relief from his May 26, 2004 conviction for intoxication manslaughter. See Tex. Code Crim. Proc. Ann. art. 11.07.

This court has no jurisdiction over postconviction applications for writs of habeas corpus in felony cases. See id. art. 11.07, § 3; 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) (stating that “[j]urisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with” the Court of Criminal Appeals). Accordingly, by letter dated December 18, 2019, we notified Elkins of our concern that this court lacks jurisdiction over this appeal and warned him that we could dismiss it for that reason unless we received a response showing grounds for continuing it. See Tex. R. App. P. 44.3. Elkins filed a response, but it does not show grounds for continuing this appeal.1 We therefore dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).

Per Curiam

Delivered: January 30, 2020 In his response to our jurisdiction letter, Elkins requested that we appoint counsel to assist him with filing his brief. We deny his request as moot.

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