Ex Parte Otis Greer

• Court: Court of Appeals of Texas
• Decided: May 31, 2022
• Docket: 04-22-00311-CR
• Status: Published

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas May 31, 2022

No. 04-22-00311-CR

EX PARTE Otis GREER

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 1992CR1623W-W4 Honorable Kevin M. O'Connell, Judge Presiding

ORDER In 1992, Appellant pled guilty to aggravated sexual assault, a felony. He was sentenced to confinement in the Texas Department of Criminal Justice—Institutional Division for life. After Appellant filed a fourth subsequent petition for post-conviction writ of habeas corpus, see TEX. CODE CRIM. PROC. ANN. art. 11.07, § 4(a), on January 4, 2022, the trial court found that it could not reach the merits of Appellant’s subsequent application because the application did not meet the statutory requirements. See id. On March 31, 2022, Appellant filed an untimely notice of appeal in this court. See TEX. R. APP. P. 26.2, 26.3. This court has “no jurisdiction over post-conviction writs of habeas corpus in felony cases.” In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, orig. proceeding) (per curiam); accord TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993). “Post-conviction writs of habeas corpus are to be filed in the trial court in which the conviction was obtained [and] made returnable to the Court of Criminal Appeals.” In re Coronado, 980 S.W.2d at 692 (citing TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3). We order Appellant to show cause in writing within twenty days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 44.3. All other appellate deadlines are suspended pending further order of this court. If Appellant fails to respond as ordered, this appeal will be dismissed without further notice. See TEX. R. APP. P. 43.2(f). FILE COPY

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of May, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court