Opinion
No. 14-09-00203-CR
Memorandum Opinion filed March 12, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).
On Appeal from the 182nd District Court Harris County, Texas, Trial Court Cause No. 9420592.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and SEYMORE.
MEMORANDUM OPINION
In 1996, this Court affirmed appellant's felony theft conviction. See Canady v. State, 1996 WL 490613, No. 14-95-00734-CR (Tex.App.-Houston [14th Dist.] Aug. 29, 1996, no pet.) (not designated for publication). After his release from the Institutional Division of the Texas Department of Criminal Justice, appellant filed a post-conviction application for writ of habeas corpus on January 8, 2009. See Rodriguez v. Court of Appeals, 769 S.W.2d 554, 557 (Tex.Crim.App. 1989); Ex parte Renier, 734 S.W.2d 349, 353 (Tex.Crim.App. 1987) (holding that a person who is not confined but is suffering some collateral consequence as a result of a final felony conviction may seek habeas corpus relief from the district court pursuant to article V, section 8 of the Texas Constitution). On January 20, 2009, the trial court made a notation on the application that it was "not properly filed." Appellant is attempting to appeal this denial. This Court lacks jurisdiction over this attempted appeal. Although an application for a writ of habeas corpus is to be filed in the trial court in which the conviction was obtained, it must be made returnable to the Court of Criminal Appeals. Maye v. State, 966 S.W.2d 140, 143 (Tex.App.-Houston [14th Dist.] 1998, no pet.). The Court of Criminal Appeals has exclusive jurisdiction to grant post-conviction habeas relief in felony cases. See id. Accordingly, we dismiss the appeal.
Appellant, who is pro se, has also filed a petition for writ of mandamus complaining of the same action. His original proceeding has been docketed under our case number 14-09-00173-CR, styled In re Warren Pierre Canady.