Gerald Hayes v. State

Court: Court of Appeals of Texas
Date filed: 2009-01-29
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Opinion to Issue January 29, 2009











In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-08-00988-CR

NO. 01-08-00989-CR

____________


GERALD HAYES, APPELLANT


V.


THE STATE OF TEXAS





On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause Nos. 1190731, 1190732




 

MEMORANDUM OPINION

               Appellant, Gerald Hayes, filed post-conviction applications for writs of habeas corpus in the trial court. The trial court denied the applications. Relator attempts to appeal to this Court.

               The denial of a application for a writ of habeas corpus may not be reviewed on appeal. See Williams v. Harmon, 788 S.W.2d 192, 193 (Tex. App.—Houston [1st Dist.] 1990, no pet.). The only remedy for the denial of an application for a writ of habeas corpus is to present the application to another judge having jurisdiction. Id. (citing Nichlos v. State, 255 S.W.2d 522, 526 (Tex. Crim. App. 1952)).

               Accordingly, we dismiss these appeals for want of jurisdiction.

               All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).