Opinion
No. 04-19-00448-CR
07-31-2019
Ex parte John E. RODARTE, Sr.
MEMORANDUM OPINION
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2003CR06651
Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice DISMISSED FOR LACK OF JURISDICTION
Appellant John E. Rodarte, Sr. ("Rodarte") was convicted of aggravated assault of a child and indecency by contact and was sentenced to life imprisonment and twenty years' imprisonment, respectively. Rodarte v. State, No. 04-04-00673-CR, 2006 WL 622516 (Tex. App.—San Antonio 2006, pet. ref'd) (mem. op.). His conviction is final.
Rodarte has filed a notice of appeal from the trial court's May 10, 2019 order, which recommends that Rodarte's tenth pro se application for post-conviction writ of habeas corpus be dismissed because his claims are waived and abandoned by his abuse of the writ. As we have held in a prior appeal filed by Rodarte, this court lacks jurisdiction to consider an appeal from a trial court's ruling regarding a post-conviction felony habeas corpus proceeding. See Ex parte Rodarte, No. 04-13-00254-CR, 2013 WL 1908678, at *1 (Tex. App.—San Antonio May 8, 2013) (mem. op.); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 § 5. On July 12, 2019, we ordered Rodarte to show cause within ten (10) days why this appeal should not be dismissed for lack of jurisdiction. Rodarte did not file a satisfactory response.
Accordingly, we dismiss this appeal for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH