Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-20-00110-CR
Juan CERDA, Appellant
v.
The STATE of Texas, Appellee
From the 227th Judicial District Court, Bexar County, Texas Trial Court No. 2016CR9972-W1 Honorable Kevin M. O’Connell, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Liza A. Rodriguez, Justice
Delivered and Filed: March 25, 2020
DISMISSED FOR LACK OF JURISDICTION
In the trial court, appellant filed a pro se application for post-conviction writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure, attacking his felony conviction in 2016-CR-9972-W1 for which he was sentenced to seven years’ imprisonment. When his application was denied by the trial court, he filed a notice of appeal seeking review by this court. The courts of appeals, however, have no jurisdiction over felony post-conviction writs of habeas corpus. See Ex parte Beard, 494 S.W.3d 315, 315-16 (Tex. App.—Waco 2015, no pet.).
04-20-00110-CR Post-conviction writs of habeas corpus must be filed in the court of conviction, but made returnable to the Texas Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3.
We therefore ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. In his response, appellant concedes this court lacks jurisdiction over this appeal. We dismiss this appeal for lack of jurisdiction.
PER CURIAM
Do not publish
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