Opinion
04-22-00043-CR
02-23-2022
James Edward STRIBLIN, Appellant v. The STATE of Texas, Appellee
DO NOT PUBLISH
From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR8935 Honorable Sid L. Harle, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM
In 2017, a jury convicted appellant of murder, and this court later affirmed. Striblin v. State, No. 04-17-00826-CR, 2019 WL 1049233 (Tex. App.-San Antonio Mar. 6, 2019, pet. ref'd). On October 14, 2019, appellant pro se filed a "Motion for Recusal and Change of Venue from Judge." On December 29, 2021, the presiding judge of the Fourth Judicial Region of Texas denied the motion without regards to its merits. On January 13, 2022, appellant filed a notice of appeal seeking to appeal this denial.
Only the Court of Criminal Appeals has jurisdiction to grant post-conviction release from confinement for persons with a felony conviction. Tex. Code Crim. Proc. art. 11.07, § 3; Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); In re Stone, 26 S.W.3d 568, 569 (Tex. App.-Waco 2000, orig. proceeding). As an intermediate appellate court, we lack jurisdiction over this case. See Tex. Code Crim. Proc. art. 11.07, § 5 ("After 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."); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (orig. proceeding); In re Coronado, 980 S.W.2d 691, 692 (Tex. App.-San Antonio 1998, orig. proceeding). On January 28, 2022, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.Appellant failed to respond. We dismiss this appeal for lack of jurisdiction.
If appellant finds it necessary to complain about an action or inaction of the convicting court, he may seek relief from the Texas Court of Criminal Appeals. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.-Houston [1st Dist.] 2001, orig. proceeding).
After this court issued its show cause order, a supplemental clerks record was filed containing a January 21, 2022 order in which the presiding judge of the Fourth Judicial Region of Texas granted the motion for reconsideration and denied the motion to recuse the trial court judge on its merits.
DISMISSED FOR LACK OF JURISDICTION