Opinion
13-22-00266-CR
08-18-2022
EX PARTE DELFINO MOLINA AYALA JR.
Do not publish. See Tex. R. App. P. 47.2(b).
On appeal from the 105th District Court of KIeberg County, Texas.
Before Chief Justice Contreras and Justices Longoria and Tijerina
MEMORANDUM OPINION
JAIME TIJERINA, JUSTICE
Appellant, Delfino Molina Ayala Jr., filed a post-conviction application for writ of habeas corpus at the district court, pursuant to article 11.07 of the Texas Code of Criminal Procedure. On May 17, 2022, the trial court issued findings of fact and conclusions of law and denied the application for writ of habeas corpus. Appellant now seeks to appeal the order denying habeas corpus relief.
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; 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). Accordingly, we are without jurisdiction to grant the requested relief.
Therefore, this appeal is dismissed for want of jurisdiction. Furthermore, appellant's pending motion requesting an extension to respond to the Court's defect notice, is dismissed as moot.