Reginald Arleigh Noble v. State

DISMISS and Opinion Filed November 20, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01335-CR

REGINALD ARLEIGH NOBLE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. W00-50025-K

MEMORANDUM OPINION Before Justices Bridges, Whitehill, and Nowell Opinion by Justice Nowell On October 30, 2019, Reginald Arleigh Noble filed his notice of appeal. According to the

notice, Mr. Noble filed an application for an article 11.07 writ of habeas corpus in the Criminal District Court No. 4 on August 8, 2019. That court forwarded the writ to the Texas Court of Criminal Appeals on September 13, 2019. Twelve days later, the court of criminal appeals notified Mr. Noble by postcard the following:

The Court has previously entered an order citing you for abuse of the writ of habeas corpus. The application for writ of habeas corpus filed by you in the CRIMINAL DISTRICT COURT #4, received by this Court on 9/13/2019, does not satisfy the requirements for consideration set out in the order described above. Therefore, the Court will take no action on this writ.

Although Mr. Noble seeks to appeal the “abuse of writ from the Court of Criminal Appeals,” he cites no authority for the proposition we may review actions taken by the Texas Court of Criminal Appeals. “[O]ur jurisdiction over an appeal must be based on either (1) the general constitutional grant, subject to any restrictions and regulations imposed by the legislature; or (2) a specific statutory grant of jurisdiction.” See Harris v. State, 402 S.W.3d 758, 760 (Tex. App.— Houston [1st Dist.] 2012, no pet.). We have no jurisdiction to review actions taken by the Texas Court of Criminal Appeals. See Tex. Dep’t of Pub. Safety v. Barlow, 48 S.W.3d 174, 175–76 (Tex. 2001); Tune v. Tex. Dep’t of Pub. Safety, 23 S.W.3d 358, 361 (Tex. 2000); see also TEX. CODE CRIM. PROC. ANN. art. 4.04 (“The Court of Criminal Appeals shall have, and is hereby given, final appellate and review jurisdiction in criminal cases coextensive with the limits of the state, and its determinations shall be final.”).

Therefore, we dismiss this appeal.

/ Erin A. Nowell/ ERIN A. NOWELL JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 191335F.U05

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S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

REGINALD ARLEIGH NOBLE, On Appeal from the Criminal District Court Appellant No. 4, Dallas County, Texas Trial Court Cause No. W00-50025-K. No. 05-19-01335-CR V. Opinion delivered by Justice Nowell, Justices Bridges and Whitehill THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, we DIISMISS this appeal for want of jurisdiction.

Judgment entered November 20, 2019

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