IN THE
TENTH COURT OF APPEALS
No. 10-08-00314-CR
VICTOR ANTONIO MARTINEZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 28403CR
MEMORANDUM OPINION
In 2005, Appellant was adjudicated guilty of aggravated sexual assault of a child
and received a ten-year sentence. The judgment adjudicating guilt states that he was
credited thirty-one days for time served. He now apparently attempts to appeal the
denial of an article 11.07 habeas claim for reduction of his sentence for jail time credit
and his failed attempt to obtain free copies of documents relating to his claim for
reduction.
This court has jurisdiction over criminal appeals only when
expressly granted by law. Everett v. State, 91 S.W.3d 386, 386 (Tex. App.—
Waco 2002, no pet.). No statute vests this court with jurisdiction over an
appeal from an order denying a request for a free copy of the trial record
when such a request is not presented in conjunction with a timely filed
direct appeal. Id.; see Self v. State, 122 S.W.3d 294, 294-95 (Tex. App.—
Eastland 2003, no pet.). Furthermore, an intermediate court of appeals has
no jurisdiction over post-conviction writs of habeas corpus in felony cases.
Self, 122 S.W.3d at 295 (citing TEX. CODE CRIM. PROC. ANN. art. 11.07).
Clegg v. State, 214 S.W.3d 671 (Tex. App.—Waco 2007, no pet.).
We notified Appellant that unless he showed grounds for continuing his appeal,
we might dismiss it for want of jurisdiction. Appellant has filed a response, but it does
not show that we have jurisdiction. Accordingly, we dismiss this appeal for want of
jurisdiction.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed October 29, 2008
Do not publish
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