Ex Parte Frank Armenta

• Court: Court of Appeals of Texas
• Decided: September 25, 2014
• Docket: 13-14-00475-CR
• Status: Published

Opinion

NUMBERS 13-14-00474-CR AND 13-14-00475-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

EX PARTE FRANK ARMENTA ____________________________________________________________

On Appeal from the 347th District Court of Nueces County, Texas. ____________________________________________________________

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

Appellant, Frank Armenta, filed notices of appeal seeking to challenge orders

denying a post-conviction writ of habeas corpus. On August 18, 2014, the Clerk of this

Court notified appellant that it appeared that the orders from which these appeals were

taken were not appealable orders, and requested correction of these defects within ten

days or the appeals 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 appeals are DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish. See TEX. R. APP. P. 47.2(b).

Delivered and filed the 25th day of September, 2014.