Ex Parte: Cid Artecona, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 22, 2023
• Docket: 05-23-00626-CR
• Status: Published

Opinion

Dismiss and Opinion Filed August 22, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00626-CR

EX PARTE CID ARTECONA, JR.

On Appeal from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. 052550

MEMORANDUM OPINION Before Justices Partida-Kipness, Reichek, and Miskel Opinion by Justice Miskel Cid Artecona, Jr. has filed a notice of appeal attempting to appeal to this Court

the trial court’s findings and recommendation that appellant’s application for writ of

habeas corpus under article 11.07 of the Texas Code of Criminal Procedure be

dismissed.

A court of appeals may review appeals only when authorized by law. Abbott

v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). An applicant imprisoned

after final conviction for a felony offense who desires to apply for habeas relief must

do so under article 11.07 of the code of criminal procedure. See TEX. CODE CRIM.

PROC. ANN. art. 11.07, §§ 1, 3; Bd. of Pardons and Paroles ex rel. Keene v. The Eighth Court of Appeals, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (orig.

proceeding). This Court is not authorized by law to review the trial court’s

determinations on an article 11.07 writ application. See CRIM. PROC. art. 11.07, §

3(b) (providing writ of habeas corpus filed after final conviction of felony for which

death penalty is not imposed must be filed with trial court clerk and writ of habeas

corpus is returnable to court of criminal appeals); Keene, 910 S.W.2d at 483; see

also Crowe v. State, No. 05-22-00430-CR 2022 WL 1485994, at *1 (Tex. App.—

Dallas May 11, 2022, no pet.) (dismissing appeal of trial court’s findings of fact and

conclusions of law on appellant’s application for writ of habeas corpus under article

11.07).

Because we have no jurisdiction to review the trial court’s determinations on

appellant’s article 11.07 application for writ of habeas corpus, we dismiss this

appeal.

/Emily Miskel/ 230626f.p05 EMILY MISKEL JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EX PARTE CID ARTECONA, JR. On Appeal from the 15th Judicial District Court, Grayson County, No. 05-23-00626-CR Texas Trial Court Cause No. 052550. Opinion delivered by Justice Miskel. Justices Partida-Kipness and Reichek participating.

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

Judgment entered this 22nd day of August, 2023.

–3–