Opinion
No. 04-17-00508-CR
08-24-2017
Ex Parte Juan Roberto RODRIGUEZ, Appellant
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 1990CR1294-W8
Judge Kevin M. O'Connell, Judge Presiding
Appellant's notice of appeal incorrectly identifies the trial court number of this habeas proceeding as 1990-CR-1294-W10.
ORDER
Juan Roberto Rodriguez was convicted of arson in 1990 and sentenced to 25 years in prison. Rodriguez has filed a notice of appeal from the trial court's order denying habeas corpus relief.
This Court does not have jurisdiction over an appeal from the trial court's denial of a post-conviction petition for habeas corpus relief in a felony case unless applicant seeks relief from an order of community supervision. See TEX. CODE CRIM. PROC. ANN. arts. 11.07, 11.072 (West 2015); Ex parte Beard, 494 S.W.3d 315, 315-16 (Tex. App.—Waco 2015, no pet.); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, original proc.). Only the Court of Criminal Appeals has authority to grant post-conviction release from confinement for persons with a final felony conviction. TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 3, 5; Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993).
We therefore order appellant Juan Roberto Rodriguez to file, by September 13, 2017, a response showing why this appeal should not be dismissed for want of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c).
All deadlines in this matter are suspended until further order of the court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk