From Casetext: Smarter Legal Research

Smith v. State

Fourth Court of Appeals San Antonio, Texas
Jun 28, 2017
No. 04-17-00287-CR (Tex. App. Jun. 28, 2017)

Opinion

No. 04-17-00287-CR

06-28-2017

Robert J. SMITH, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 1990CR4356
Honorable Phil Chavarria, Jr., Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice DISMISSED FOR WANT OF JURISDICTION

On January 19, 2017, the trial court denied applicant's post-conviction application for a writ of habeas corpus. On February 15, 2017, the Court of Criminal Appeals denied the application for writ of habeas corpus. Applicant now appeals to this Court "from trial court's order denying habeas corpus relief." On May 16, 2017, we ordered applicant to show cause before May 31, 2017 why his application for a post-conviction writ of habeas corpus should not be dismissed for want of jurisdiction. We received no response.

The courts of appeals have no jurisdiction for felony post-conviction writs of habeas corpus. TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3 (West 2015); see Ex parte Williams, 561 S.W.2d 1, 2 (stating that only the Court of Criminal Appeals has jurisdiction over final felony convictions). Therefore, this appeal is dismissed for want of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

Smith v. State

Fourth Court of Appeals San Antonio, Texas
Jun 28, 2017
No. 04-17-00287-CR (Tex. App. Jun. 28, 2017)
Case details for

Smith v. State

Case Details

Full title:Robert J. SMITH, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 28, 2017

Citations

No. 04-17-00287-CR (Tex. App. Jun. 28, 2017)