IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. CR-643-08-A IN THE 92ND DISTRICT COURT
FROM HIDALGO COUNTY
O R D E R
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to eighty years' imprisonment. His appeal is pending before the Thirteenth Court of Appeals.
On February 3, 2010, we dismissed this application for noncompliance. Tex. R. App. P. 73.1.We now withdraw that disposition on our own motion and dismiss because Applicant's conviction is not final. We do not have jurisdiction under Article 11.07 of the Code of Criminal Procedure unless a felony conviction is final. Tex. Code Crim. Proc. art. 11.07, § 3(a); Ex parte Johnson, 12 S.W.3d 472, 473 (Tex. Crim. App. 2000). Accordingly, this application is dismissed.
Filed: March 24, 2010
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