Document Info

DocketNumber: 04-19-00448-CR

Filed Date: 7/31/2019

Status: Precedential

Modified Date: 8/1/2019

  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-19-00448-CR
    Ex parte John E. RODARTE, Sr.
    From the 175th Judicial District Court, Bexar County, Texas
    Trial Court No. 2003CR06651
    Honorable Mary D. Roman, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Rebeca C. Martinez, Justice
    Patricia O. Alvarez, Justice
    Delivered and Filed: July 31, 2019
    DISMISSED FOR LACK OF JURISDICTION
    Appellant John E. Rodarte, Sr. (“Rodarte”) was convicted of aggravated assault of a child
    and indecency by contact and was sentenced to life imprisonment and twenty years’ imprisonment,
    respectively. Rodarte v. State, No. 04-04-00673-CR, 
    2006 WL 622516
    (Tex. App.—San Antonio
    2006, pet. ref’d) (mem. op.). His conviction is final.
    Rodarte has filed a notice of appeal from the trial court’s May 10, 2019 order, which
    recommends that Rodarte’s tenth pro se application for post-conviction writ of habeas corpus be
    dismissed because his claims are waived and abandoned by his abuse of the writ. As we have held
    in a prior appeal filed by Rodarte, this court lacks jurisdiction to consider an appeal from a trial
    court’s ruling regarding a post-conviction felony habeas corpus proceeding. See Ex parte Rodarte,
    No. 04-13-00254-CR, 
    2013 WL 1908678
    , at *1 (Tex. App.—San Antonio May 8, 2013) (mem.
    04-19-00448-CR
    op.); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 § 5. On July 12, 2019, we ordered Rodarte
    to show cause within ten (10) days why this appeal should not be dismissed for lack of jurisdiction.
    Rodarte did not file a satisfactory response.
    Accordingly, we dismiss this appeal for lack of jurisdiction.
    PER CURIAM
    DO NOT PUBLISH
    -2-