Ex Parte Drewery

677 S.W.2d 533 (1984)

Ex parte Charles Ray DREWERY.

No. 69225.

Court of Criminal Appeals of Texas, En Banc.

September 26, 1984.

Charles Ray Drewery, pro se.

John B. Holmes, Jr., Dist. Atty., Winston E. Cochran, Jr. and Steve McCarthy, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

CAMPBELL, Judge.

This is a post conviction writ of habeas corpus. See Art. 11.07, V.A.C.C.P.

The question presented is whether the trial court was divested of jurisdiction to grant a motion for new trial once notice of appeal was filed by the applicant herein. We answer in the negative and…