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548 S.W.2d 409

Ex Parte Crosley

Court of Criminal Appeals of Texas

Decided March 23, 1977

Court of Criminal Appeals of Texas · decided 1977-03-23

Key passage — most relied on by later courts

““Both county and district courts have original jurisdiction in habeas corpus proceedings when attacks are made upon the validity of misdemeanor convictions; see Article 5, Section 8 of the Constitution of Texas; Article 11.05 and 11.09, V.A.C.C.P., and petitioners have a right of appeal from an order denying relief. ****** * * * * Even though the applicant may have been discharged from confinement, collateral legal consequences of his conviction may entitle him to relief, [citations omitted]. The applicant is entitled to have a hearing on the allegations which he has made.””

quoted by 2 later decisions, including Ex Parte Renier, Ex Parte Davis

Relies on Sibron v. State of New York Peters · Mayes v. State · 158 Tex. Crim. 367 - Nichlos v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-03-23

How this case has been cited

Cited by 14 later decisions — most recently May 2012

13 state decisions

7019771980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OPINION

DALLY, Commissioner.

¶2 This is an attempt to appeal from the action of the trial court. The trial court refused to issue a writ of habeas corpus and refused to hear the application for the writ in which the applicant alleges that a misdemeanor judgment of conviction is void. No appeal lies from the court’s action. See e. g. Nichlos v. State, 158 Tex.Cr.R. 367, 255 S.W.2d 522 (1953); Mayes v. State, 538 S.W.2d 637 (Tex.Cr.App.1976). Since this is not a felony conviction, the habeas corpus proceeding is not governed by the provisions of Article 11.07, V.A.C.C.P., and this Court will not take original jurisdiction of the writ. See Ex parte Phelper, 433 S.W.2d 897 (Tex.Cr.App.1968).

¶3 Both county and district courts have original jurisdiction in habeas corpus proceedings when attacks are made upon the validity of misdemeanor convictions; see Article 5, Section 8 of the Constitution of Texas; Articles 11.05 and 11.09, V.A.C.C.P., and petitioners have a right of appeal from an order denying relief. See Ex parte Phelper, supra; Mayes v. State, supra.

¶4*410 We observe that the appellant’s sworn application contains allegations of fact which if true would show the appellant’s misdemeanor conviction is void. It is alleged that the appellant, while indigent, while unrepresented by counsel, and without waiving his right to counsel, was convicted for the offense of theft, and punishment was assessed which included confinement in jail. Even though the applicant may have been discharged from confinement, collateral legal consequences of his conviction may entitle him to relief. See Ex parte Burt, 499 S.W.2d 109 (Tex.Cr.App.1973); Ex parte Langston, 510 S.W.2d 603 (Tex.Cr.App.1974); Sibron v. New York, 392 U.S. 40, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968); cf. Fouke v. State, 529 S.W.2d 772 (Tex.Cr.App.1975). The applicant is entitled to have a hearing on the allegations which he has made. See Ex parte Phelper, 442 S.W.2d 695 (Tex.Cr.App.1969).

¶5 The appeal is dismissed.

¶6 Opinion approved by the Court.

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