Lemuel Ignacio Quijano v. State

• Court: Court of Appeals of Texas
• Decided: January 24, 2012
• Docket: 14-11-01105-CR
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 24, 2012.

In The

Fourteenth Court of Appeals ___________________

NO. 14-11-01105-CR ___________________

LEMUEL IGNACIO QUIJANO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court Harris County, Texas Trial Court Cause No. 1152406

MEMORANDUM OPINION

This is an attempted appeal from the denial of appellant’s motion for free copies of the transcripts from his criminal trial for use in preparing an application for a post-conviction writ of habeas corpus. In 2010, this court affirmed appellant’s conviction for aggravated assault. See Quijano v. State, No. 14-10-00108-CR, 2010 WL 5132588 (Tex. App.—Houston [14th Dist.] Dec. 14, 2010, pet. ref’d).

We lack jurisdiction over an appeal from the denial of appellant’s motion for free copies of his trial record. The denial of a post-conviction motion is not a separately appealable order. Moreover, only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from a final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also Tex. Code Crim. Proc. Ann. art. 11.07; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that article 11.07 provides the exclusive means to challenge a final felony conviction).

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Seymore, Boyce, and Brown. Do Not Publish C Tex. R. App. P. 47.2(b).