Opinion
No. 04-17-00063-CV
02-22-2017
IN THE MATTER OF W.E.L.
From the 386th Judicial District Court, Bexar County, Texas
Trial Court No. 1992JUV1331 W2
Honorable Laura Parker, Judge Presiding
ORDER
On July 22, 1994, a jury found Winfred Lauderdale guilty of capital murder, an offense he committed when he was fifteen years old. On December 13, 2016, Lauderdale filed an application for writ of habeas corpus challenging the trial court's original transfer order from juvenile court to criminal district court. On December 30, 2016, the trial court denied the application for writ of habeas corpus "without a hearing and without ruling on the merits of the application." Lauderdale appealed.
Only the Court of Criminal Appeals possesses authority to grant relief in post-conviction habeas proceedings when, as here, there is a final felony conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (West 2015); Lewis v. State, 01-11-00152-CR, 2011 WL 5623416, at *1 (Tex. App.—Houston [1st Dist.] Nov. 17, 2011, no pet.). This Court lacks jurisdiction over an appeal from the trial court's denial of a petition for writ of habeas corpus seeking post-conviction relief from confinement for a felony conviction. See Ex parte Jordan, 659 S.W.2d 827, 828 (Tex. Crim. App. 1983) (recognizing that courts of appeals have appellate jurisdiction over appeals from post-conviction writs in misdemeanor, not felony cases); see also Maye v. State, 966 S.W.2d 140, 143 (Tex. App.—Houston [14th Dist.] 1998, no pet.).
Therefore, it appears this Court does not have jurisdiction over this appeal. We ORDER Lauderdale to show cause in writing by March 3, 2017 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination whether we have jurisdiction over this appeal.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of February, 2017.
/s/_________
Keith E. Hottle
Clerk of Court