Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00468-CR
EX PARTE Jerry Soliz MARTINEZ
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2008CR1459
Honorable Lori I. Valenzuela, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: October 8, 2014
DISMISSED FOR LACK OF JURISDICTION
On June 30, 2014, Appellant Jerry Soliz Martinez filed a “Motion of an Out-of-Time
Appeal of the Orders of the 437th District Court,” stating that he intends to appeal the trial court’s
order of July 2, 2013. Appellant states that he was convicted and sentenced in the 437th Judicial
District Court, Bexar County, Texas on June 22, 2011. On October 12, 2012, he contested his
conviction by filing an application for writ of habeas corpus pursuant to article 11.07 of the Texas
Code of Criminal Procedure. In its July 2, 2013 order, the trial court considered the merits of
Martinez’s application for post-conviction writ of habeas corpus and denied the application. We
do not have jurisdiction over post-conviction habeas applications in felony cases. See TEX. CODE
CRIM. PROC. ANN. art. 11.07(a). Post-conviction writs of habeas corpus must be filed in the court
of conviction, but made returnable to the Texas Court of Criminal Appeals. Id.
04-14-00468-CR
Therefore, on July 18, 2014, we ordered appellant to show cause why this appeal should
not be dismissed for lack of jurisdiction. On August 22, 2014, appellant filed a response. After
considering appellant’s response, we conclude that we lack jurisdiction over this appeal.
This appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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