Juan Villarreal v. State

• Court: Court of Appeals of Texas
• Decided: October 22, 2015
• Docket: 13-15-00396-CR
• Status: Published

Opinion

NUMBER 13-15-00396-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

EX PARTE JUAN VILLARREAL ____________________________________________________________

On appeal from the 319th Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Garza, Benavides, and Longoria Memorandum Opinion Per Curiam

Appellant, Juan Villarreal, proceeding pro se, filed a notice of appeal seeking to

challenge the trial court’s findings of fact, conclusions of law, and recommendation that

the appellant’s application for writ of habeas corpus be dismissed. On August 31, 2015,

the Clerk of this Court notified appellant that it appeared this Court does not have

jurisdiction over the order subject to appeal in this cause, and requested correction of this defect within ten days or the appeal would be dismissed. Appellant responded by filing

an amended notice of appeal.

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Do not publish.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

Delivered and filed the 22nd day of October, 2015.