NUMBER 13-20-00515-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
EX PARTE JOHN D. FERRARA
____________________________________________________________
On appeal from the County Court at Law No. 5
of Cameron County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Silva
Memorandum Opinion by Justice Hinojosa
Appellant attempts to appeal an order denying post-conviction writ of habeas
corpus. On December 23, 2020, the Court abated this matter and remanded to the trial
court for entry of a certification of defendant’s right to appeal. See TEX. R. APP. 25.2(d).
On January 14, 2021, the Court received findings from the trial court indicating appellant
does not have the right to appeal.
On October 8, 2020, appellant filed an application for writ of habeas corpus in
cause number 19-CCR-01643 in the County Court at Law No. 5 of Cameron County,
Texas. On November 2, 2020, the trial court denied the relief sought in the application.
On November 4, 2020, appellant filed a notice of appeal wherein he attempts to appeal
the trial court’s denial habeas corpus relief.
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; 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, 53 S.W .3d 715, 717–
18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Therefore, this Court does not
have jurisdiction over this matter.
Accordingly, the appeal is hereby reinstated and dismissed for want of
jurisdiction.
LETICIA HINOJOSA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
25th day of March, 2021.
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