Opinion
No. 04-17-00287-CR
05-16-2017
Robert J. SMITH, Appellant v. The STATE of Texas, Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 1990CR4356
Honorable Phil Chavarria, Jr., Judge Presiding
ORDER
On January 19, 2017, the trial court denied applicant's post-conviction application for a writ of habeas corpus. On February 15, 2017, the Court of Criminal Appeals denied the application for writ of habeas corpus. Applicant now appeals to this Court "from trial court's order denying habeas corpus relief."
The courts of appeals have no jurisdiction over felony post-conviction writs of habeas corpus. Post-conviction writs of habeas corpus must be filed in the court of conviction, but made returnable to the Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3 (Vernon Supp. 1997). Thus, it appears applicant's appellate remedy concluded with the Court of Criminal Appeals' denial of his application.
Applicant is ORDERED to show cause on or before May 31, 2017 why this application should not be dismissed for want of jurisdiction.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court