Ex Parte Dimas Rios De Leon

• Court: Court of Appeals of Texas
• Decided: July 19, 2012
• Docket: 13-12-00328-CR
• Status: Published

Opinion

NUMBER 13-12-00328-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

EX PARTE DIMAS RIOS DE LEON ____________________________________________________________

On appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

Appellant, Dimas Rios de Leon, filed a notice of appeal seeking to challenge an

order denying a post-conviction writ of habeas corpus. On May 16, 2012, the Clerk of

this Court notified appellant that it appeared that the order from which the appeal was

taken was not an appealable order, and requested correction of this defect within ten

days or the appeal would be dismissed. Appellant has failed to respond to the Court=s

directive. Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests

exclusively with the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN.

art. 11.07, § 5 (Vernon Supp. 2011); Bd. of Pardons & Paroles ex rel. Keene v. Court of

Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee,

53 S.W .3d 715, 717–18 (Tex. App.—Houston [1st Dist.] 2001, orig.

proceeding). Therefore, we are without jurisdiction to grant the requested relief.

The appeal is DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish. TEX. R. APP. P. 47.2(b). Delivered and filed the 19th day of July, 2012.