Ex Parte Jose Olivo

• Court: Court of Appeals of Texas
• Decided: July 12, 2012
• Docket: 13-12-00327-CR
• Status: Published

Opinion

NUMBER 13-12-00327-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

EX PARTE JOSE OLIVO ____________________________________________________________

On Appeal from the County Court at Law No. 2 of Hidalgo County, Texas. ____________________________________________________________

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

Appellant, Jose Olivo, filed a notice of appeal seeking to challenge an order

denying a post-conviction writ of habeas corpus. On May 17, 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Do not publish. See TEX. R. APP. P. 47.2(b). Delivered and filed the 12th day of July, 2012.