## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-84,442-01

EX P ARTE LUPE M ARTINEZ III, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 13-11-00225CR F -A IN THE 81ST DISTRICT COURT

F ROM F RIO COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). On October 23, 2014, Applicant pleade d no contest to possession of a controlled substance with the intent to deliver and was sentenc ed to seven y ear s’ imprisonment. He did not appea l his conviction. After Applicant was convicted, trial counsel prepa red a two-pag e handwr itten application for a writ of habeas corpus. On November 12, 2015, the trial judg e sig ned this application and wrote the fo l l o wi ng : “The writ is g rante d. The October 23, 2014 judgme nt is set aside and the parties returne d to the position they wer e in prior to the plea.” The State ag ree d to this and also signe d the2

application. On November 12, 2015, the trial judge also signe d an order dismiss ing the char g es in this cause . The Fr io County District Clerk forwa rded the handwr itten application to this Court and later forwa

rded a supplement al application filed on the presc ribed form for Article 11.07 applications. As we understand the rec ord, Appli cant filed this supplemental application beca use his initial one failed to c omply with the Rules of Appellate Procedur e. See T E X . R. A P P . P. 73.1(a) (“ Prescribed Form

. An application filed under Article 11.07 must be on the form presc ribed by the Court of Criminal Appeals”)

. We now dismiss this a

pplication for noncompliance

. Applicant’s third and fourth g rounds in his supplement al ap p l i ca t ion are not stated on the presc ribed form. “Rule 73.1 require s an applicant to sta te the g rounds for relief and the supporting fac ts on the presc ribed form.” Ex parte Blackloc k , 191 S.W .3d 718, 719 (Tex. Crim. App. 2006); see also T E X . R. A P P . P. 73.1(c)

. I f Applicant intended to file his initial handwr itten applicat i o n u n d er Article 11.07, as we understand the rec ord, we remind the trial judge that only this Court has the authority to g rant relief

on an application for a writ of habea s corpus under Article 11.07. See Ex parte Y barra , 629 S.W .2d 943, 946–47 (Tex. Crim. App. 1982) (Unde r Article 11.07 “[o] nly the C ourt of C riminal Appea ls has the authority to g rant relief as a result of post conviction writ of habea s corpus” ). We also note that afte r final conviction in a felony cas e, o t h er t h an one in which the death penalty is imposed, Article 11.07 is the exclusive proce dure and “any other proce eding shall be void and of no forc e and eff ect in discharg ing the prisoner.” T E X . C O D E C R I M . P R O C . art. 11.07, § 5. T h er efore, the trial judge ’s orde r dismissing the cha rg es in this cause w as of no f orce in discharg ing A

pplicant. This application is dismis sed.3

Filed: F ebrua

ry 10, 2016 Do not publish