Gonzalez v. State

No. 13-15-00334-CR (Tex. App.—Corpus Christi–Edinburg Sept. 3, 2015) (mem. op.) · Texas Court of Appeals, Thirteenth District, Corpus Christi–Edinburg · December 11, 2015 · No. 13-15-00334-CR

Summary

This document is Isaac Gonzalez’s pro se Petition for Discretionary Review filed in the Texas Court of Criminal Appeals. It challenges the Thirteenth Court of Appeals’ dismissal for want of jurisdiction of his appeal concerning the trial court’s denial of his motion for appointment of habeas corpus counsel. The petition alleges that the court of appeals mistakenly treated the appeal as involving another inmate’s Article 11.07 habeas proceeding.

Court
Texas Court of Appeals, Thirteenth District, Corpus Christi–Edinburg
Writing for the Court
Justice Rodriguez; Justice Garza; Justice Longoria
Jurisdiction
Texas
Decision date
December 11, 2015
Docket number
13-15-00334-CR
Procedural posture
Gonzalez attempted to appeal an order that the court understood to be the Texas Court of Criminal Appeals' denial of an article 11.07 habeas application. After the court notified him that the order appeared nonappealable and he failed to respond, the court dismissed the appeal for want of jurisdiction.
Standard of review
The court reviewed its appellate jurisdiction and whether the challenged order was appealable.
Precedential value
unpublished and designated not for publication
Parties
Isaac Gonzalez v. The State of Texas
Disposition
dismissed

Topics

appellate jurisdictioncriminal procedurehabeas corpuspost-conviction reliefappellate procedure

Practice areas

Texas criminal appellate procedurepost-conviction habeas corpusappellate jurisdiction

Questions Presented

  1. Whether the court of appeals had jurisdiction over an appeal from the denial of an article 11.07 habeas application seeking relief from a final felony conviction.
  2. Whether the challenged order was an appealable judgment of conviction or fell within a recognized exception to the general rule limiting criminal appeals.

Holdings

  1. An appeal in a criminal case generally may be taken only from a judgment of conviction, subject to narrow exceptions; the order identified in the appeal was neither a judgment of conviction nor within an applicable exception.
  2. The court of appeals has no jurisdiction over criminal-law matters involving habeas corpus proceedings seeking relief from final felony convictions under Texas Code of Criminal Procedure article 11.07.

Key quotations

As a general rule, an appeal in a criminal case may be taken only from a judgment of conviction. (Memorandum opinion at 1)
Moreover, this court has no jurisdiction in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony convictions. (Memorandum opinion at 2)
Accordingly, the appeal is hereby DISMISSED FOR WANT OF JURISDICTION. (Memorandum opinion at 2)

Factual background

According to the memorandum opinion, Gonzalez, proceeding pro se, attempted to appeal an order identified as the Texas Court of Criminal Appeals' denial of an article 11.07 habeas application. The court concluded that the challenged order was neither a judgment of conviction nor within a recognized exception to the general rule limiting criminal appeals. Gonzalez failed to respond to the court's notice requesting correction of the alleged jurisdictional defect.

Procedural history

The attached memorandum opinion states that Gonzalez sought to appeal a May 20, 2015 denial without written order of an article 11.07 application for habeas corpus. The Thirteenth Court of Appeals notified him that the order was not appealable and requested correction of the alleged defect. Gonzalez did not respond, and the court dismissed the appeal on September 3, 2015. The petition for discretionary review asserts that the appellate court confused Gonzalez's case with another inmate's case and that Gonzalez was actually appealing the trial court's denial of a motion for appointment of habeas counsel.

Court Document

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