TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-07-00232-CR
NO. 03-07-00233-CR
Kenneth J. Faircloth, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT
NOS. 6499 & 6500, HONORABLE JOE CARROLL, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk received and filed Kenneth J. Faircloth’s pro se “appeal of denial of motion
to proceed with out of time appeal.” Despite its style, the document is a motion asking this Court
to grant out-of-time appeals in these two causes, 1995 convictions for aggravated sexual assault of
a child. The proper procedure by which to obtain an out-of-time appeal in a felony case is to apply
to the Texas Court of Criminal Appeals pursuant to article 11.07. Tex. Code Crim. Proc. Ann. art.
11.07 (West 2005) (post-conviction habeas corpus). This Court does not have original habeas corpus
jurisdiction in criminal cases and is without authority to grant Faircloth’s motion. See Tex. Gov’t
Code Ann. § 22.221 (West 2004).
The causes are dismissed for want of jurisdiction.
___________________________________________
Bob Pemberton, Justice
Before Justices Patterson, Pemberton and Waldrop
Dismissed for Want of Jurisdiction
Filed: August 3, 2007
Do Not Publish
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