Opinion
NO. 02-16-00143-CR
05-26-2016
EX PARTE MELVIN CADE
FROM THE 367th DISTRICT COURT OF DENTON COUNTY
TRIAL COURT NO. F-2007-0395-E MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Applicant Melvin Cade filed a pro se "Notice Of Appeal From Decision Of Trial Court's Denial Of The Merits Of Applicant's Application For Habeas Corpus 11.07" in the trial court. The notice of appeal states that Cade is giving notice of his intent to appeal to the Texas Court of Criminal Appeals. Although this court has no jurisdiction under article 11.07 to review the merits of a postconviction habeas corpus petition, see Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West 2015); Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993), cert. denied, 513 U.S. 863 (1994), it appears that the trial court forwarded Cade's notice of appeal to this court out of an abundance of caution.
On April 15, 2016, we informed Cade that we lacked jurisdiction over his appeal and instructed him to file a response by April 25, 2016, showing grounds for continuing this appeal. See Tex. R. App. P. 44.3. No response was received. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
Our clerk's office confirmed that Cade's notice of appeal was forwarded to the Texas Court of Criminal Appeals. --------
/s/ Sue Walker
SUE WALKER
JUSTICE PANEL: WALKER, MEIER, and GABRIEL, JJ. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: May 26, 2016