Ex Parte V.G.

Opinion

NUMBER 13-20-00517-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

EX PARTE V.G. ____________________________________________________________

On appeal from the 214th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Benavides

This cause is before the Court on its own motion. 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 21, 2020, appellant filed an application for writ of habeas corpus in

cause number 07-CR-3875-F in the 214th District Court of Nueces County, Texas,

seeking relief from a 2008 conviction for capital murder. On November 12, 2020, the trial

court denied the relief sought in the application. On November 13, 2020, the Court of Criminal Appeals received an application for writ of habeas corpus seeking relief in the

same trial court cause number. On November 30, 2020, appellant filed a notice of appeal

in this Court 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 (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, this Court does not have jurisdiction over this matter.

Accordingly, we reinstate the cause and the appeal is dismissed for lack of

jurisdiction.

GINA M. BENAVIDES Justice

Do not publish.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

Delivered and filed on the 4th day of February, 2021.