Ex Parte Hiep Duc Ngo ( 2016 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00425-CR
EX PARTE HIEP DUC NGO
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FROM THE 371ST DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. C-371-010869-0929149-C
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MEMORANDUM OPINION1
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Appellant Hiep Duc Ngo attempts to appeal from the trial court’s order
recommending dismissal of his third state postconviction application for writ of
habeas corpus.2 Because we do not have subject matter jurisdiction, we dismiss
this appeal.
1
See Tex. R. App. P. 47.4.
2
Ngo has also previously filed a federal application for writ of habeas
corpus, which was denied. See Ngo v. Holland, No. 4:13-CV-138-Y, 2013 WL
6284057, at *1–3 (N.D. Tex. Dec. 4, 2013).
A jury convicted Ngo of murder, and the trial court sentenced him to life
imprisonment. See Ngo v. State, No. 2-08-421-CR, 2009 WL 1996289, at *1, *2
(Tex. App.—Fort Worth Jul. 9, 2009, pet. ref’d) (mem. op., not designated for
publication). Ngo appealed to this court, and we affirmed his conviction, which
became final after the court of criminal appeals refused his petition for review. Id.
Ngo subsequently filed two postconviction applications for writ of habeas corpus,
and both were denied. On September 12, 2016, Ngo filed another postconviction
application for writ of habeas corpus in the trial court, and on October 13, 2016,
the trial court made a finding that Ngo’s application did not meet the
requirements for consideration as a subsequent application for writ of habeas
corpus and entered an order recommending the application be dismissed. See
Tex. Code Crim. Proc. Ann. art. 11.07, § 4 (West 2015). Ngo attempts to appeal
from this order.
This court has no jurisdiction over postconviction applications for writs of
habeas corpus in felony cases. See id. art. 11.07; Bd. of Pardons & Paroles ex
rel Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim.
App. 1995) (orig. proceeding) (stating that “[j]urisdiction to grant post conviction
habeas corpus relief on a final felony conviction rests exclusively with” the court
of criminal appeals); Nowlin v. State, No. 02-15-00026-CR, 2015 WL 1743384, at
*1 (Tex. App.—Fort Worth Apr. 16, 2015, no pet.) (mem. op., not designated for
publication) (dismissing appeal of trial court’s denial of subsequent writ
application for want of jurisdiction). We notified Ngo that we lack jurisdiction over
2
this appeal and warned him that we could dismiss this appeal for want of
jurisdiction unless we received a response showing grounds for continuing it by
November 21, 2016. See Tex. R. App. P. 44.3. We have received no response
showing grounds for continuing this appeal. We therefore dismiss this appeal for
want of jurisdiction. See Tex. R. App. P. 43.2(f).
/s/ Lee Gabriel
LEE GABRIEL
JUSTICE
PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: December 22, 2016
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