Santana Mata Olguin v. State ( 2014 )


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  • Dismissed and Memorandum Opinion filed February 25, 2014.
    In The
    Fourteenth Court of Appeals
    NO. 14-13-01023-CR
    SANTANA MATA OLGUIN, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 149th District Court
    Brazoria County, Texas
    Trial Court Cause No. 64937
    MEMORANDUM                      OPINION
    Appellant filed a pro se notice of appeal from the trial court’s order denying
    his application for post-conviction writ of habeas corpus pursuant to Article 11.07
    of the Texas Code of Criminal Procedure. An article 11.07 writ of habeas corpus is
    returnable to the Court of Criminal Appeals, and the convicting court’s order may
    not be appealed to this court. See Tex. Code Crim. Proc. art. 11.07, § 3. Thus, only
    the Court of Criminal Appeals has jurisdiction to review post-conviction habeas
    corpus proceedings. Ater v. Eighth Court of Appeals, 
    802 S.W.2d 241
    , 243 (Tex.
    Crim. App. 1991); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals
    for Eighth Dist., 
    910 S.W.2d 481
    , 483 (Tex. Crim. App. 1995) (holding that article
    11.07 provides the exclusive means to challenge a final felony conviction).
    This court lacks jurisdiction to consider an appeal from the order on
    appellant’s post-conviction application for writ of habeas corpus. Accordingly, we
    order the appeal dismissed.
    PER CURIAM
    Panel consists of Justices Boyce, Christopher, and Brown.
    Do Not Publish — Tex. R. App. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-13-01023-CR

Filed Date: 2/25/2014

Precedential Status: Precedential

Modified Date: 9/22/2015