Opinion issued October 29, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-15-00655-CR
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IN RE ROBERT K. BOULDS, Relator
Original Proceeding on Application for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Robert K. Boulds, incarcerated and proceeding pro se, has filed an
“Out-of-Time Appeal Application for Writ of Habeas Corpus Tex. Code Crim.
Proc. Ann. Art. 11.05.”1 Relator requests that we grant an out-of-time-appeal to
allow him to proceed on his complaint that he is illegally restrained, contending
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Relator’s petition identifies the underlying case as Cause No. 996316, The State of
Texas v. Robert K. Boulds, in the 176th District Court of Harris County, Texas, the
Honorable Stacey W. Bonds, presiding.
that the indictment in trial court cause number 996316 is invalid or void. In that
cause, a jury convicted relator of aggravated sexual assault of a child and assessed
punishment at confinement for fifty years. See Boulds v. State, No. 01-05-00596-
CR, 2006 WL 2974301 (Tex. App.—Houston [1st Dist.] Oct. 19, 2006, pet. ref’d)
(mem. op., not designated for publication) (affirming trial court’s judgment). We
dismiss relator’s application for a writ of habeas corpus for want of jurisdiction.
This Court does not have original jurisdiction to issue a writ of habeas
corpus in a criminal proceeding. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West
2015); TEX. GOV’T CODE ANN. § 22.221 (West 2004); Watson v. State, 96 S.W.3d
497, 500 (Tex. App.—Amarillo 2002, pet. ref’d) (citing Ex parte Hawkins, 885
S.W.2d 586, 588 (Tex. App.—El Paso 1994, no pet.)); Denby v. State, 627 S.W.2d
435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding). The Texas
Court of Criminal Appeals has sole jurisdiction to grant post-conviction habeas
corpus relief from a final felony conviction. TEX. CODE CRIM. PROC. ANN. art.
11.07 (West 2015); see Padieu v. Ct. App. of Tex., Fifth Dist., 392 S.W.3d 115,
117 (Tex. Crim. App. 2013); Ater v. Eighth Ct. App., 802 S.W.2d 241, 243 (Tex.
Crim. App. 1991).
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Accordingly, we dismiss relator’s application for a writ of habeas corpus for
want of jurisdiction.
PER CURIAM
Panel consists of Justices Keyes, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).
3