COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00606-CR
PRISCILLA PENA APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 211TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION 1
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Appellant Priscilla Pena filed a notice of appeal challenging the trial court’s
November 17, 2013 order recommending to the Texas Court of Criminal Appeals
that relief on her October 2013 postconviction application for writ of habeas
corpus be denied. 2 In the meantime, as required under article 11.07 of the code
1
See Tex. R. App. P. 47.4.
2
See Tex. Code Crim. Proc. Ann. art. 11.07, §§ 3, 5 (West Supp. 2013).
of criminal procedure, the trial court clerk transmitted Appellant’s application and
the trial court’s order to the Texas Court of Criminal Appeals, which denied
habeas relief. 3
We sent Appellant a letter notifying her of our concern that we lack
jurisdiction over this appeal from a postconviction order and indicating that this
appeal could be dismissed absent a response from Appellant or any party
showing grounds for jurisdiction. We have received no response.
We generally have jurisdiction to consider an appeal by a criminal
defendant only from a judgment of conviction. 4 We do not have jurisdiction over
a postconviction application for writ of habeas corpus in a felony case. 5
Accordingly, we dismiss this appeal for want of jurisdiction.
3
See id.
4
See McKown v. State, 915 S.W.2d 160, 161 (Tex. App.—Fort Worth
1996, no pet.).
5
Ex parte Wall, 2012 WL 5869595, at *9 (Tex. App.—Fort Worth Nov. 21,
2012, no pet.) (mem. op., not designated for publication) (citations omitted); see
Tex. Code Crim. Proc. Ann. art. 11.07, § 5; Ater v. Eighth Court of Appeals, 802
S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (stating that the
Texas Court of Criminal Appeals is the “only court with jurisdiction in final post-
conviction felony proceedings”).
2
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: May 1, 2014
3