Juan Ruben Sanchez Cerda v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 26, 2024
• Docket: 05-24-00081-CR
• Status: Published

Opinion

DISMISS and Opinion Filed March 26, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00081-CR

JUAN RUBEN SANCHEZ CERDA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 229th District Court Starr County, Texas Trial Court Cause No. 14-CR-372

MEMORANDUM OPINION Before Justices Garcia, Breedlove, and Kennedy Opinion by Justice Garcia On April 22, 2015, Juan Ruben Sanchez Cerda was convicted of murder and

sentenced to thirty-eight years’ imprisonment. His conviction was affirmed on

appeal on July 6, 2016. See Sanchez-Cerda v. State, No. 04-15-00344-CR, 2016

WL 3625991 (Tex. App.—San Antonio July 6, 2016). The court of appeals issued

its mandate on September 12, 2016. On January 4, 2024, appellant filed in the court of appeals1 “Notice of Right

to Object/Appeal.” In the notice, appellant requests an extension of sixty days to

file a motion for new trial and “make written objections to the proposed findings,

conclusions and recommendations contained in the report.”

This Court lacks jurisdiction to consider a second appeal from appellant’s

final conviction. The exclusive post-conviction remedy in final felony convictions

in Texas courts is by a writ of habeas corpus under article 11.07 of the Texas Code

of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (providing that

“[a]fter conviction, the procedure outlined in this Act shall be exclusive and any

other proceeding shall be void and of no force and effect in discharging the

prisoner”); Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. App.

1991). Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests

exclusively with the Texas Court of Criminal Appeals. CRIM. PROC. art. 11.07, § 3;

Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist.,

910 S.W.2d 481, 483 (Tex. Crim. App. 1985).

Because we lack jurisdiction, we dismiss this appeal.

/Dennise Garcia/ Do Not Publish DENNISE GARCIA TEX. R. APP. P. 47.2(b) JUSTICE 240081F.U05

1 Appellant filed the document in the 4th Court of Appeals at San Antonio. The case was transferred to this Court by order of the Texas Supreme Court. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JUAN RUBEN SANCHEZ CERDA, On Appeal from the 229th District Appellant Court, Starr County, Texas Trial Court Cause No. 14-CR-372. No. 05-24-00081-CR V. Opinion delivered by Justice Garcia. Justices Breedlove and Kennedy THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction.

Judgment entered March 26, 2024

–3–