Case Information
*1 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 *2 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 /s/ Brian Walker Brian Walker Justice Do Not Publish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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