Court of Appeals of Texas, 2021

Ex Parte Gary Arthur Ayers

Court of Appeals of Texas · Decided August 31, 2021

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-21-00214-CR

EX PARTE GARY ARTHUR AYERS

Original Proceeding

From the 54th District Court McLennan County, Texas

Trial Court No. 2019-120-C2

MEMORANDUM OPINION

Through a form document entitled, “Petition for Relief From a Conviction or Sentence By a Person in State Custody,” Gary Arthur Ayers, a prison inmate, wants a sentence reduction, a new trial, or a reversal and remand to vacate his sentence. Essentially, Ayers is requesting post-conviction relief. 1

As an intermediate appellate court in Texas, our jurisdiction is limited. We do not have habeas corpus jurisdiction of any request for post-conviction relief in a felony proceeding. See Olivo v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996); see also TEX. CODE CRIM. PROC. arts. 11.05, 11.07; Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex. App.— Waco 2006, no pet.). According to Ayers, he was convicted of the felony offense of possession of heroin and methamphetamine with an intent to deliver and sentenced to years in prison. See TEX. HEALTH & SAFETY CODE § 481.112; TEX. PENAL CODE § 12.32(a).

Because we have no jurisdiction, this proceeding is dismissed for want of jurisdiction.

TOM GRAY

Chief Justice Before Chief Justice Gray,

Justice Rose, 2 and

Justice Wright 3

Appeal dismissed

Opinion delivered and filed August 31, 2021

Do not publish [OT06]

1 The form used by Ayers is for a “Petition Under 28 U.S.C. § 2254 for A Writ of Habeas Corpus.” Instruction 8 instructs the applicant to send the form to the “Clerk of the United States District Court.” It was mailed to the Clerk of the Tenth Court of Appeals of Texas. 2 The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003. 3The Honorable Jim R. Wright, Senior Chief Justice (Retired) of the Eleventh Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003. Ex parte Ayers Page 2

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