Court of Civil Appeals of Texas, 2012

Ex Parte Dimas Rios De Leon

Ex Parte Dimas Rios De Leon
Court of Civil Appeals of Texas · Decided July 19, 2012

Ex Parte Dimas Rios De Leon

Opinion

NUMBER 13-12-00328-CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ____________________________________________________________ EX PARTE DIMAS RIOS DE LEON ____________________________________________________________ On appeal from the 275th District Court of Hidalgo County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam Appellant, Dimas Rios de Leon, filed a notice of appeal seeking to challenge an order denying a post-conviction writ of habeas corpus. On May 16, 2012, the Clerk of this Court notified appellant that it appeared that the order from which the appeal was taken was not an appealable order, and requested correction of this defect within ten days or the appeal would be dismissed. Appellant has failed to respond to the Court=s directive.

Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (Vernon Supp. 2011); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, S.W .3d 715, 717–18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Therefore, we are without jurisdiction to grant the requested relief.

The appeal is DISMISSED FOR WANT OF JURISDICTION.

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the 19th day of July, 2012.

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