Juan Cerda v. State

• Court: Court of Appeals of Texas
• Decided: March 5, 2020
• Docket: 04-20-00110-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas March 5, 2020

No. 04-20-00110-CR

Juan CERDA, Appellant

v.

THE STATE OF TEXAS, Appellee

From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR9972-W1 Honorable Kevin M. O'Connell, Judge Presiding

ORDER In the trial court, appellant filed a pro se application for post-conviction writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure, attacking his felony conviction in 2016-CR-9972-W1 for which he was sentenced to seven years’ imprisonment. When his application was denied by the trial court, he filed a notice of appeal seeking review by this court. The courts of appeals, however, have no jurisdiction over felony post-conviction writs of habeas corpus. See Ex parte Beard, 494 S.W.3d 315, 315-16 (Tex. App.—Waco 2015, no pet.). Post-conviction writs of habeas corpus must be filed in the court of conviction, but made returnable to the Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3.

We therefore ORDER appellant to show cause on or before March 20, 2020 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending further order of this Court.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of March, 2020. ___________________________________ MICHAEL A. CRUZ, Clerk of Court