IN THE COURT OF CRIMINAL APPEALS OF TEXAS No. PD-1118-09

JESSE AROCHA, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW IN CAUSE NO. 08-07-00108-CR FROM THE EIGHTH COURT OF APPEALS BEXAR COUNTY

HOLCOMB, J., delivered the opinion of the unanimous Court.

A Bexar County jury found Jesse Arocha guilty of burglary of a habitation under Texas Penal Code § 30.02(a)(1) and (2). The trial court assessed Arocha’s punishment at imprisonment for six years, probated for six years, and a fine of $1,500.

Arocha filed a timely notice of appeal to the Fourth Court of Appeals. Shortly thereafter, the Texas Supreme Court, acting pursuant to Texas Government Code Chapter 73, ordered Arocha’s case and twelve others transferred from the Fourth Court of Appeals to the Eighth Court of Appeals.

On direct appeal to the Eighth Court, Arocha argued, inter alia, that Texas Government Code AROCHA -- 2 Chapter 73 was unconstitutional and that the Eighth Court therefore lacked jurisdiction of his case.

The Eighth Court rejected Arocha’s argument on the basis of procedural default. Arocha v. State, No. 08-07-0108-CR (Tex.App.–El Paso, June 30, 2009), slip op. at 12 & 16 (not designated for publication).

We granted Arocha’s petition for discretionary review in order to determine whether the Eighth Court erred in its analysis. See Tex. R. App. Proc. 66.3(c). After reviewing the briefs of the parties and the relevant portions of the record, however, we conclude that our decision to grant Arocha’s petition was improvident. Accordingly, we dismiss Arocha’s petition. See Tex. R. App. Proc. 69.3.

DELIVERED JUNE 30, 2010 DO NOT PUBLISH