Jamie Munguia Trevino v. State ( 2019 )

Dismissed; Opinion Filed April 23, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00419-CR
JAMIE MUNGUIA TREVINO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-24846-V
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Carlyle
Opinion by Justice Carlyle
On April 8, 2019, Jamie Munguia Trevino filed a pro se notice of appeal from the decision
of the Texas Board of Pardons and Paroles to deny his parole. We dismiss for want of jurisdiction.
See, e.g., Mayfield v. State, No. 03-17-00689-CR, 2018 WL 699306 (Tex. App.—Austin Jan. 25,
2018, pet. ref’d) (mem. op.) (same).
An appellate court has jurisdiction to determine an appeal only if the appeal is authorized
by law. Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). The “decision to release
or not release an inmate, even though he is eligible for parole, remains within the sound discretion
of the Board of Pardons and Paroles.” Ex parte Geiken, 28 S.W.3d 553, 556 (Tex. Crim. App.
2000). “Similarly, while the process of assigning inmate classification is subject to some minimal
due process restrictions, the classification decision itself is not subject to judicial review.” Id. To
the extent a parole decision may implicate the due process rights of a convicted felon, any remedy
must be sought through a post-conviction application for writ of habeas corpus filed under article
11.07 of the code of criminal procedure. See Board of Pardons & Paroles ex rel. Keene v. Court
of Appeals for the Eighth Dist., 910 S.W.2d 481, 484 (Tex. Crim. App. 1995). And it is well
established that intermediate courts of appeals have no jurisdiction over post-conviction writs of
habeas corpus in felony cases. See Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985);
see also TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (post-conviction applications for writs of
habeas corpus, for felony cases in which death penalty was not assessed, must be filed in court of
original conviction and made returnable to court of criminal appeals).
Here, appellant seeks to appeal the decision of the Texas Board of Pardons and Paroles.
Because we do not have jurisdiction over decisions denying parole, we dismiss this appeal.
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190419F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMIE MUNGUIA TREVINO, Appellant On Appeal from the 292nd Judicial District
Court, Dallas County, Texas
No. 05-19-00419-CR V. Trial Court Cause No. F08-24846-V.
Opinion delivered by Justice Carlyle,
THE STATE OF TEXAS, Appellee Justices Myers and Molberg participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 23rd day of April, 2019.
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