In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-21-00212-CR
___________________________
Ex parte Michael Mallett
On Appeal from Criminal District Court No. 2
Tarrant County, Texas
Trial Court No. c-2-W012049-0249382-C
Before Sudderth, C.J.; Kerr and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
Michael Mallett, an inmate appearing pro se, filed an “appeal” requesting that
we review the trial court’s November 2021 order dismissing his Article 11.07 writ of
habeas corpus. Mallett seeks to challenge his 1985 conviction for the felony of
aggravated sexual assault of a child, which we affirmed in 1986 after Mallett’s direct
appeal and for which mandate issued in 1988.
Article 11.07 of the code of criminal procedure provides the exclusive post-
conviction remedy after final felony convictions in Texas. Olivo v. State, 918 S.W.2d
519, 525 n.8 (Tex. Crim. App. 1996); see Tex. Code Crim. Proc. Ann. art. 11.07. It is
well-settled that intermediate courts of appeals have no jurisdiction to consider
matters related to post-conviction writs of habeas corpus under article 11.07. In re
McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, no pet.) (“Article
11.07 contains no role for the courts of appeals; the only courts referred to are the
convicting court and the Court of Criminal Appeals.”).
Accordingly, we dismiss Mallett’s appeal for want of jurisdiction.
/s/ Brian Walker
Brian Walker
Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: April 21, 2022
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