Opinion
04-22-00314-CR
06-07-2022
EX PARTE OTIS GREER
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 1992CR3010W-W4 Honorable Kevin M. O'Connell, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
Appellant Otis Greer filed a pro se notice of appeal challenging the denial of his postconviction writ of habeas corpus application filed pursuant to article 11.07. See Tex. Code Crim. Proc. Ann. art. 11.07, § 3(a). Article 11.07 of the Texas Code of Criminal Procedure divides the responsibility to process writ applications for post-conviction relief between the convicting court and the court of criminal appeals. Id. art. 11.07 §§ 3, 5. It does not provide a role for an intermediate court of appeals, such as this one, to process these types of writ applications. Ex parte Ruiz, No. 05-17-00806-CR, 2017 WL 3276003, at *1 (Tex. App.-Dallas July 25, 2017, no pet.) (mem. op., not designated for publication). Instead, intermediate courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases. 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) (orig. proceeding); see In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding); Ex parte Ngo, No. 02-16-00425-CR, 2016 WL 7405836, at *1 (Tex. App.-Fort Worth Dec. 22, 2016) (mem. op., not designated for publication) (appeal dismissed for lack of jurisdiction). Accordingly, because it appears we do not have jurisdiction over this matter, we order appellant to show cause in writing by July 7, 2022 why this appeal should not be dismissed for want of jurisdiction.