Opinion
No. 05-17-00806-CR No. 05-17-00807-CR
07-25-2017
EX PARTE JOHN ARTHUR RUIZ
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause Nos. W10-31315-H(B), W11-31859-H(B)
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Brown
Opinion by Chief Justice Wright
John Arthur Ruiz appeals the trial court's "Order Designating Issues" issued in connection with his pending applications for writ of habeas corpus. We dismiss for want of jurisdiction.
According to our records, appellant was convicted of aggravated sexual assault of a child and continuous sexual abuse of a child. The jury assessed punishment at five years' imprisonment for aggravated sexual assault and thirty-five years' imprisonment for continuous sexual abuse of a child. This Court affirmed appellant's convictions. See Ruiz v. State, 05-12-01703-CR & 05-12-1704-CR, 2014 WL 2993820 (Tex. App.—Dallas June 30, 2014, no pet.) (not designated for publication).
Because appellant was convicted of felony offenses and sentenced to prison, his writ applications must proceed under the procedures set forth in article 11.07 of the code of criminal procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Article 11.07 divides the responsibility to process appellant's writ applications between the convicting court and the court of criminal appeals. See id. Article 11.07 does not provide a role or confer any jurisdiction on this Court regarding appellant's writ applications. See id.; In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); Runnels v. State, 804 S.W.2d 278, 278 (Tex. App.—Beaumont 1991, no pet.).
Accordingly, we dismiss the appeals for want of jurisdiction.
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE Do Not Publish
TEX. R. APP. P. 47
170806F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 1, Dallas County, Texas
Trial Court Cause No. W10-31315-H(B).
Opinion delivered by Chief Justice Wright. Justices Myers and Brown participating.
Based on the Court's opinion of this date, the appeal is DISMISSED. Judgment entered July 25, 2017.
JUDGMENT
On Appeal from the Criminal District Court No. 1, Dallas County, Texas
Trial Court Cause No. W11-31859-H(B).
Opinion delivered by Chief Justice Wright. Justices Myers and Brown participating.
Based on the Court's opinion of this date, the appeal is DISMISSED. Judgment entered July 25, 2017.