Gary Allen Dunn v. The State of Texas--Appeal from 264th District Court of Bell County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 03-11-00501-CR

Case Date: 11/09/2011

Plaintiff: Gary Allen Dunn

Defendant: The State of Texas--Appeal from 264th District Court of Bell County (Majority)

Preview:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00501-CR

Gary Allen Dunn, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 64750-A, HONORABLE JOE CARROLL, JUDGE PRESIDING

MEMORANDUM OPINION

Gary Allen Dunn pled guilty to the felony offense of driving while intoxicated as a repeat offender and was sentenced to nineteen years' imprisonment. This Court dismissed Dunn's original appeal for lack of jurisdiction because the trial court certified that this was a plea bargain case and Dunn had no right of appeal. See Dunn v. State, No. 03-10-00336-CR, 2010 Tex. App. LEXIS 6361 (Tex. App.--Austin Aug. 3, 2010, no pet.). Subsequently, Dunn filed a post-conviction application for writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2010). The district court entered an order recommending denial of the application and forwarded a copy of its order to the Texas Court of Criminal Appeals. Dunn filed a pro se notice of appeal in this Court challenging the district court's order and then filed a motion to withdraw his appeal.

This court has no jurisdiction over post-conviction writs of habeas corpus in felony cases. See Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985); Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.--Texarkana 2005, orig. proceeding); see also Tex. Code Crim. Proc. Ann. art. 11.07,

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