Jacob Mediano v. State ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00386-CR
Jacob Mediano, Appellant
v.
The State of Texas, Appellee
FROM THE 391ST DISTRICT COURT OF TOM GREEN COUNTY
NO. D-14-1052-SB-W-1, THE HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDING
MEMORANDUM OPINION
A jury convicted Jacob Mediano of aggravated sexual assault of a child, the
district court assessed punishment at fifty years’ imprisonment, and this Court affirmed his
conviction. See Mediano v. State, No. 03-16-00211-CR, 2017 Tex. App. LEXIS 6548, at *7
(Tex. App.—Austin July 18, 2017, pet. ref’d) (mem. op., not designated for publication).
Mediano subsequently filed a postconviction application for writ of habeas corpus. See Tex.
Code Crim. Proc. art. 11.07. The district court entered findings of fact and an order on
May 3, 2019 recommending denial of the application and forwarded a copy to the Texas Court of
Criminal Appeals. Mediano then filed a notice of appeal in this Court contending that the district
court judge was “subject to recusal” and challenging the district court’s findings of fact and
order.
However, this court has no jurisdiction over postconviction writs of habeas corpus
in felony cases. See Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth
Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Ex parte Alexander, 685 S.W.2d 57, 60
(Tex. Crim. App. 1985); Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.—Texarkana
2005, orig. proceeding); see also Tex. Code Crim. Proc. art. 11.07, § 3 (requiring postconviction
applications for writs of habeas corpus in felony cases in which death penalty was not assessed to
be filed in court of original conviction and made returnable to court of criminal appeals).
The Texas Court of Criminal Appeals has exclusive jurisdiction to review the merits of a
postconviction application for habeas relief under article 11.07. See Tex. Code Crim. Proc. art.
11.07, § 5; see also In re Fierro, No. 03-12-00018-CV, 2012 Tex. App. LEXIS 1110, at *2-3
(Tex. App.—Austin Feb. 9, 2012, orig. proceeding) (noting that complaints concerning trial
court’s recusal in connection with 11.07 postconviction habeas proceeding should be addressed
to Court of Criminal Appeals).
Accordingly, we dismiss this appeal for want of jurisdiction.
__________________________________________
Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Triana and Smith
Dismissed for Want of Jurisdiction
Filed: August 30, 2019
Do Not Publish
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