CourtListener 9997684•Ex Parte Richard Allen Click v. the State of Texas
Ex Parte Richard Allen Click v. the State of Texas
CourtListener 9997684Txctapp72 lug 2024
Testo completo
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00209-CR
No. 07-24-00210-CR
EX PARTE RICHARD ALLEN CLICK
ORIGINAL PROCEEDING
July 2, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Richard Allen Click has filed a document with this Court titled “Motion to Correct
Erroneous Sentences.” Click was previously convicted of two counts of sexual assault of
a child and sentenced to consecutive sentences of twenty years of confinement. See
Click v. State, Nos. 07-04-00103-CR, 07-04-00117-CR, 2005 Tex. App. LEXIS 7796, at
*1 (Tex. App.—Amarillo Sep. 22, 2005, pet. ref’d) (mem. op.) (affirming the convictions).
By his present filing, Click requests that we “correct” his criminal sentences. We construe
the document as an application for writ of habeas corpus.
Intermediate courts of appeals do not have original habeas corpus jurisdiction in
criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d) (limiting original habeas
jurisdiction of intermediate appellate courts to civil cases); Ex parte Hawkins, 885 S.W.2d
586, 588–89 (Tex. App.—El Paso 1994, orig. proceeding) (per curiam). That jurisdiction
instead rests with the Court of Criminal Appeals, the district courts, and the county courts.
See TEX. CODE CRIM. PROC. ANN. arts. 11.05, 11.08, 11.09; Ex parte Hawkins, 885 S.W.2d
at 588. Only the Court of Criminal Appeals has authority to grant post-conviction habeas
relief in felony cases. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); Ex parte
Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985).
For these reasons, we dismiss Click’s application for writ of habeas corpus for want
of jurisdiction.1
Per Curiam
Do not publish.
1 Click may be entitled to habeas relief by filing an application for writ of habeas corpus with the
clerk of the court in which the conviction being challenged was obtained, returnable to the Court of Criminal
Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07.
2
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