In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00274-CR
NO. 09-13-00275-CR
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JOE FRANK MCINTYRE, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause Nos. 07-01252, 07-02345
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MEMORANDUM OPINION
Appellant Joe Frank McIntyre was convicted of two charges of felony
driving while intoxicated. McIntyre attempts to appeal the trial court’s denial of his
motion for a free record to pursue a post-conviction writ of habeas corpus.
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
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denying a request for a free copy of the trial record when the 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.). 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; see also Tex. Code Crim. Proc. Ann. art. 11.07, § 3
(West Supp. 2012). Accordingly, the appeals are dismissed for want of jurisdiction.
APPEALS DISMISSED.
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DAVID GAULTNEY
Justice
Opinion Delivered August 14, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.
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