In re Interest of S.O.W.

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Fourth Court of Appeals San Antonio, TexasMay 26, 2017
No. 04-17-00067-CV (Tex. App. May. 26, 2017)

No. 04-17-00067-CV

05-26-2017

IN THE MATTER OF S.O.W.


From the 386th Judicial District Court, Bexar County, Texas
Trial Court No. 1994-JUV-02115 W1
Honorable Laura Parker, Judge Presiding

ORDER

Appellant, proceeding pro se, seeks to appeal the trial court's denial of his post-conviction application for writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Court of Criminal Appeals has authority to grant post-conviction release from confinement for persons with a final felony conviction. TEX. CODE CRIM. PROC. ANN. art. 11.07, §§ 3, 5; Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993); In re Stone, 26 S.W.3d 568, 569 (Tex. App.—Waco 2000, no pet.) (per curiam) (mem. op.). This Court has no jurisdiction over an appeal from the trial court's denial of a post-conviction petition for habeas corpus relief in a felony case. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); see In re Coronado, 980 S.W.2d 691, 692 (Tex. App.—San Antonio 1998, no pet.). While the procedures outlined in article 11.07 do not apply to dispositions in juvenile proceedings, here S.O.W.'s application for habeas corpus relief arises from his conviction in a criminal district court where he was certified to stand trial as an adult. See TEX. CODE CRIM. PROC. ANN. art. 11.07; Ex parte Lauderdale, No. 04-17-00063-CV, 2017 WL 1161171, at *1 (Tex. App.—San Antonio Mar. 29, 2017, no pet.) (per curiam) (mem. op.). Criminal proceedings against a juvenile certified to stand trial as an adult are governed by the Code of Criminal Procedure, and post-conviction habeas proceedings are included. See TEX. FAM. CODE ANN. § 54.02(h) (West 2014); Ex parte Lauderdale, 2017 WL 1161171, at *1.

Accordingly, it is ORDERED that appellant show cause in writing within ten (10) days from the date of this order stating why this appeal should not be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a); see also Ex parte Lauderdale, 2017 WL 1161171, at *1.

/s/_________


Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of May, 2017.

/s/_________


Keith E. Hottle


Clerk of Court