Brian Davenport v. State

IN THE

TENTH COURT OF APPEALS

No. 10-21-00037-CR

BRIAN DAVENPORT,

Appellant v.

THE STATE OF TEXAS,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court No. 2019-792-C1

MEMORANDUM OPINION

Brian Davenport filed a notice of appeal attempting to appeal from the trial court’s order denying his motion for release based upon Article 17.151 of the Texas Code of Criminal Procedure and his motion to dismiss based upon the denial of his motion for speedy trial. Because we do not have jurisdiction to consider the trial court’s order denying Davenport’s motions, we dismiss the appeal for lack of jurisdiction. The Code of Criminal Procedure provides that a person who is confined after indictment on a felony charge may apply for a writ of habeas corpus in the district court in which he is indicted. See TEX. CRIM. PROC. ANN. ART. 11.08. We note that a notice of appeal may be filed from the denial of such application. See Greenwell v. Court of Appeals for Thirteenth Jud. Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005).

JOHN E. NEILL

Justice

Before Chief Justice Gray,

Justice Neill, and

Justice Johnson

Appeal dismissed

Opinion delivered and filed March 10, 2021

Do not publish [CR25]

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