Joe Frank McIntyre v. State

In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-13-00274-CR NO. 09-13-00275-CR ________________ JOE FRANK MCINTYRE, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. 07-01252, 07-02345 __________________________________________________________________ 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 1 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. ______________________________ DAVID GAULTNEY Justice Opinion Delivered August 14, 2013 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2