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.