NUMBER 13-21-00096-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
EX PARTE JOHN DAVID RUSSELL
____________________________________________________________
On appeal from the 25th District Court
of Gonzales County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Longoria, Hinojosa, and Tijerina
Memorandum Opinion by Justice Tijerina
Before the court is appellant’s motion for appointment of counsel. Appellant is
attempting to appeal an order denying a post-conviction writ of habeas corpus. On March
5, 2021, the trial court signed an order denying a motion of transfer request, which this
court will construe as habeas corpus relief sought. On April 1, 2021, appellant filed a
notice of appeal wherein he attempts to appeal the trial court’s denial of the writ of habeas
corpus.
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.
The appeal is dismissed for lack of jurisdiction; accordingly, appellant’s motion for
appointment is counsel is also dismissed for lack of jurisdiction.
JAIME TIJERINA
Justice
Do not publish.
TEX. R. APP. P. 47.2(b).
Delivered and filed on the
15th day of July, 2021.
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