Ex Parte John D. Ferrara

Opinion

NUMBER 13-20-00515-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

EX PARTE JOHN D. FERRARA

____________________________________________________________

On appeal from the County Court at Law No. 5 of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Silva Memorandum Opinion by Justice Hinojosa

Appellant attempts to appeal an order denying post-conviction writ of habeas

corpus. On December 23, 2020, the Court abated this matter and remanded to the trial

court for entry of a certification of defendant’s right to appeal. See TEX. R. APP. 25.2(d).

On January 14, 2021, the Court received findings from the trial court indicating appellant

does not have the right to appeal. On October 8, 2020, appellant filed an application for writ of habeas corpus in

cause number 19-CCR-01643 in the County Court at Law No. 5 of Cameron County,

Texas. On November 2, 2020, the trial court denied the relief sought in the application.

On November 4, 2020, appellant filed a notice of appeal wherein he attempts to appeal

the trial court’s denial habeas corpus relief.

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; 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, this Court does not

have jurisdiction over this matter.

Accordingly, the appeal is hereby reinstated and dismissed for want of

jurisdiction.

LETICIA HINOJOSA Justice

Do not publish.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

Delivered and filed on the 25th day of March, 2021.