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Ortiz v. State

Fourth Court of Appeals San Antonio, Texas
Aug 25, 2017
No. 04-15-00761-CR (Tex. App. Aug. 25, 2017)

Opinion

No. 04-15-00761-CR

08-25-2017

Christopher Shaun ORTIZ, Appellant v. The STATE of Texas, Appellee


From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2009CR11043
Honorable Kevin M. O'Connell, Judge Presiding

ORDER

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Appellant, proceeding pro se, has filed a post-conviction application for writ of habeas corpus in this court. We do not have jurisdiction over post-conviction habeas applications in felony cases. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(b) (West 2015) (providing that post-conviction applications for habeas corpus must be filed in the court of conviction, and made returnable to the Court of Criminal Appeals); see also Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993). Under the exclusive procedure outlined in article 11.07, only the convicting trial court and the Court of Criminal Appeals have jurisdiction to review the merits of a post-conviction habeas petition; there is no role for the intermediate courts of appeals in the statutory scheme. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (providing "[a]fter conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner"); see also Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, no pet.).

Accordingly, it is ORDERED that appellant show cause in writing within fourteen (14) days from the date of this order stating why his petition should not be dismissed for lack of jurisdiction.

/s/_________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of August, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Ortiz v. State

Fourth Court of Appeals San Antonio, Texas
Aug 25, 2017
No. 04-15-00761-CR (Tex. App. Aug. 25, 2017)
Case details for

Ortiz v. State

Case Details

Full title:Christopher Shaun ORTIZ, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 25, 2017

Citations

No. 04-15-00761-CR (Tex. App. Aug. 25, 2017)