Gerald Hayes v. State

Opinion to Issue January 29, 2009 In The Court of Appeals For The First District of Texas ____________ NO. 01-08-00988-CR NO. 01-08-00989-CR ____________ GERALD HAYES, APPELLANT V. THE STATE OF TEXAS On Appeal from the 351st District Court Harris County, Texas Trial Court Cause Nos. 1190731, 1190732 MEMORANDUM OPINION Appellant, Gerald Hayes, filed post-conviction applications for writs of habeas corpus in the trial court. The trial court denied the applications. Relator attempts to appeal to this Court. The denial of a application for a writ of habeas corpus may not be reviewed on appeal. See Williams v. Harmon, 788 S.W.2d 192, 193 (Tex. App.—Houston [1st Dist.] 1990, no pet.). The only remedy for the denial of an application for a writ of habeas corpus is to present the application to another judge having jurisdiction. Id. (citing Nichlos v. State, 255 S.W.2d 522, 526 (Tex. Crim. App. 1952)). Accordingly, we dismiss these appeals for want of jurisdiction. All pending motions are denied as moot. PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley. Do not publish. Tex. R. App. P. 47.2(b).