Opinion
NO. PD-1515-12
02-13-2013
BERNARD TROY WALKER, Appellant v. THE STATE OF TEXAS
ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTH COURT OF APPEALS
BEXAR COUNTY
Per curiam .
ORDER
Appellant pled guilty and was convicted of murder in Cause No. 2008CR11182 in the 437th Judicial District Court of Bexar County. After his conviction, Appellant filed a motion for return of property, seeking to recover $2000 found in the vehicle he was driving the night of the murder. The trial court denied the motion and Walker appealed. The Court of Appeals affirmed the trial court's decision. Walker v. State, No. 04-11-00603-CR (Tex. App. - San Antonio, August 22, 2012, not designated for publication). Appellant has filed a petition for discretionary review.
This Court is without jurisdiction to consider Appellant's petition. Appeal of a decision under Chapter 47, Code of Criminal Procedure, does not lie in this Court. Bretz v. State, 508 S.W.2d 97, 97-98 (Tex. Crim. App. 1974); TEX. CODE CRIM PROC. Art 47.12(a) (appeal governed by rules for civil cases). Appellant contends that the court of appeals was incorrect to apply Article 47.01A to this case, as the property was not stolen and the money belonged to him from the beginning. If that is the case, this Court is still without jurisdiction to consider the petition. Appellant is not appealing his criminal conviction and the ownership of the property in question is a civil matter. Appellant's petition for discretionary review is dismissed. Do not publish.