Ex Parte David Hubbard v. the State of Texas
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledSeptember 3, 2026
Docket02-26-00282-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
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No. 02-26-00282-CR
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EX PARTE DAVID HUBBARD
On Appeal from the 367th District Court
Denton County, Texas
Trial Court No. F23-4762-367 (WHC1)
Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION
Appellant David Hubbard sought postconviction habeas corpus relief from his
felony conviction, and the trial court entered an order recommending denial of the
writ application. See generally Tex. Code Crim. Proc. art. 11.07. Hubbard attempts to
appeal from the trial court’s order, but “[t]his court has no jurisdiction over
postconviction applications for writs of habeas corpus in felony cases.” Ex parte
Kingston, Nos. 02-24-00440-CR, 02-24-00441-CR, 2025 WL 285355, at *1 (Tex.
App.—Fort Worth Jan. 23, 2025, no pet.) (mem. op., not designated for publication);
see Tex. Code Crim. Proc. art. 11.07, § 3(a) (“After final conviction in any felony case,
the writ must be made returnable to the Court of Criminal Appeals . . . .”); Ex parte
Elkins, No. 02-21-00160-CR, 2022 WL 405943, at *1 (Tex. App.—Fort Worth Feb.
10, 2022, no pet.) (mem. op., not designated for publication) (“We lack jurisdiction
over matters related to postconviction relief from an otherwise final felony
conviction; exclusive jurisdiction over those matters is in the Texas Court of Criminal
Appeals.”). Although we gave Hubbard an opportunity to address this jurisdictional
flaw, he did not do so, and regardless, it is not something he can change. See Kingston,
2025 WL 285355, at *1 n.1; cf. Tex. R. App. P. 44.3.
Thus, we dismiss Hubbard’s appeal for want of jurisdiction. See Tex. R. App.
P. 43.2(f); Kingston, 2025 WL 285355, at *1; Elkins, 2022 WL 405943, at *1.
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/s/ Bonnie Sudderth
Bonnie Sudderth
Chief Justice
Do Not Publish
Tex. R. App. P. 47.2(b)
Delivered: September 3, 2026
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