Unreported / Non-Citable
Background
David Hubbard sought postconviction habeas corpus relief from his felony conviction under Article 11.07 of the Texas Code of Criminal Procedure. The trial court entered an order recommending denial of his writ application.
Hubbard attempted to appeal that order to the Texas Second Court of Appeals. The appellate court gave him an opportunity to address the jurisdictional defect, but he did not do so.
The Court’s Holding
The court held that it lacked jurisdiction over Hubbard’s appeal. Under Article 11.07, a postconviction habeas writ in a final felony case must be made returnable to the Texas Court of Criminal Appeals, which has exclusive jurisdiction over such matters.
The court explained that Hubbard could not cure the jurisdictional defect. It therefore dismissed the appeal for want of jurisdiction under Texas Rule of Appellate Procedure 43.2(f).
Key Takeaways
- Texas intermediate appellate courts lack jurisdiction over postconviction habeas proceedings challenging final felony convictions.
- Article 11.07 requires a postconviction felony habeas writ to be made returnable to the Texas Court of Criminal Appeals.
- An appellant’s failure to respond to a jurisdictional notice does not alter a defect that cannot be cured.
Why It Matters
The decision reinforces the exclusive route for postconviction habeas relief from a final Texas felony conviction. A litigant cannot obtain review of an Article 11.07 matter by appealing the trial court’s recommendation to an intermediate court of appeals.