Rene Francisco Aguilera v. State ( 2014 )

NUMBER 13-14-00441-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
EX PARTE RENE FRANSCISCO AGUILERA
On appeal from the 206th District Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Rene Franscisco Aguilera, filed a notice of appeal seeking to challenge
an order denying a post-conviction writ of habeas corpus. On August 4, 2014, the Clerk
of this Court notified appellant that it appeared that the order from which the appeal was
taken was not an appealable order, and requested correction of this defect within ten days
or the appeal 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 appeal is DISMISSED for want of jurisdiction.
PER CURIAM
Do not publish.
See TEX. R. APP. P. 47.2(b).
Delivered and filed the
18th day of September, 2014.
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