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Ex parte Lesa

Court of Appeals of Texas, Fourth District, San Antonio
Jun 15, 2023
No. 04-23-00585-CR (Tex. App. Jun. 15, 2023)

Opinion

04-23-00585-CR

06-15-2023

EX PARTE Francisco LESA III


From the 399th Judicial District Court, Bexar County, Texas Trial Court No. 2023-CR-1281 Honorable Frank J. Castro, Judge Presiding

ORDER

Luz Elena D. Chapa, Justice

Appellant Francisco Lesa filed a notice of appeal challenging the denial of his postconviction writ of habeas corpus application. Section 3(a) of 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 17, 2023 why this appeal should not be dismissed for want of jurisdiction.


Summaries of

Ex parte Lesa

Court of Appeals of Texas, Fourth District, San Antonio
Jun 15, 2023
No. 04-23-00585-CR (Tex. App. Jun. 15, 2023)
Case details for

Ex parte Lesa

Case Details

Full title:EX PARTE Francisco LESA III

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 15, 2023

Citations

No. 04-23-00585-CR (Tex. App. Jun. 15, 2023)