Opinion
No. AP-77, 118
11-16-2023
EX PARTE David Santiago RENTERIA, Applicant
Tivon Schardl, for Applicant.
On Direct Appeal from Denial of Writ of Habeas Corpus Under Article I, § 12 of the Texas Constitution and Texas Code of Criminal Procedure Article 11.05 and Motion to Stay the Execution in Cause No. 20020D00230 From the 327th Judicial District Court El Paso County
Tivon Schardl, for Applicant.
Yeary, J., filed a dissenting opinion.
For the reasons stated in my recent dissenting opinion in Ex parte Murphy, I dissent to the Court entertaining the current attempted appeal on the merits. No. AP-77, 2023 WL 6586973 (Tex. Crim. App. Oct. 9, 2023) (Yeary, J., dissenting) (not designated for publication). As I stated there:
Appellant now seeks to appeal the decision of the district court denying relief on his application. There is no general constitutional right to appeal criminal cases. See Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992). Appellant points to no authority suggesting that he has a right to appeal the decision of the trial court. As a result, this Court lacks a sufficient basis to conclude that its appellate jurisdiction has been properly
invoked. Appellant’s attempted appeal should be dismissed.
Id. Here, similarly, Appellant fails to demonstrate that he has a light to appeal the decision of the trial court. The right to appeal is not inherent. In the absence of a demonstration of a right to pursue this attempted appeal, my vote is to simply dismiss it.