Ex Parte Frank Armenta ( 2014 )


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  •              NUMBERS 13-14-00474-CR AND 13-14-00475-CR
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    ____________________________________________________________
    EX PARTE FRANK ARMENTA
    ____________________________________________________________
    On Appeal from the 347th District Court
    of Nueces County, Texas.
    ____________________________________________________________
    MEMORANDUM OPINION
    Before Chief Justice Valdez and Justices Garza and Longoria
    Memorandum Opinion Per Curiam
    Appellant, Frank Armenta, filed notices of appeal seeking to challenge orders
    denying a post-conviction writ of habeas corpus. On August 18, 2014, the Clerk of this
    Court notified appellant that it appeared that the orders from which these appeals were
    taken were not appealable orders, and requested correction of these defects within ten
    days or the appeals would be dismissed. Appellant has failed to respond to the Court’s
    directive.
    Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests
    exclusively with the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN.
    art. 11.07, § 5 (Vernon Supp. 2011); 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); In re McAfee,
    53   S.W    .3d   715,   717–18     (Tex.   App.—Houston      [1st   Dist.]   2001,   orig.
    proceeding). Therefore, we are without jurisdiction to grant the requested relief.
    The appeals are DISMISSED FOR WANT OF JURISDICTION.
    PER CURIAM
    Do not publish.
    See TEX. R. APP. P. 47.2(b).
    Delivered and filed the
    25th day of September, 2014.
    2
    

Document Info

Docket Number: 13-14-00475-CR

Filed Date: 9/25/2014

Precedential Status: Precedential

Modified Date: 10/30/2014