Opinion
04-22-00501-CR
09-28-2022
Domingo TAMAYO, Appellant v. The STATE of Texas, Appellee
From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR0676-W4 Honorable Jefferson Moore, Judge Presiding.
Sitting: Beth Watkins, Justice, Liza A. Rodriguez, Justice, Lori I. Valenzuela, Justice.
ORDER
Beth Watkins, Justice.
Appellant Domingo Tamayo Jr. sought to appeal the dismissal of the post-conviction application for writ of habeas corpus he filed pursuant to article 11.07. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 4(a). Because intermediate courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases, we dismissed the case for lack of jurisdiction. Tamayo v. State, No. 04-22-00501-CR, 2022 WL 4088772, at *1 (Tex. App.-San Antonio Sept. 7, 2022, no pet. h.) (per curiam) (not designated for publication).
On September 21, 2022, appellant filed a motion asking for a certificate of appealability to continue to pursue his litigation beyond state court.
The United States Code provides that "[u]nless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from . . . the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court[.]" 28 U.S.C. § 2253(c)(1)(A). Title 28 of the United States Code applies in federal proceedings. Therefore, under 28 U.S.C. section 2253(c)(1)(A), "circuit justice" or "judge" means "federal circuit justice" or "federal district judge," and the "final order in a habeas corpus proceeding" means "final order in a federal habeas corpus proceeding." See FED. R. APP. P. 22(b)(1).
Because we cannot grant the relief requested, appellant's motion is DENIED.