John E. Rodarte v. The State of Texas Appeal from 175th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00448-CR Ex parte John E. RODARTE, Sr. From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2003CR06651 Honorable Mary D. Roman, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: July 31, 2019 DISMISSED FOR LACK OF JURISDICTION Appellant John E. Rodarte, Sr. (“Rodarte”) was convicted of aggravated assault of a child and indecency by contact and was sentenced to life imprisonment and twenty years’ imprisonment, respectively. Rodarte v. State, No. 04-04-00673-CR, 2006 WL 622516 (Tex. App.—San Antonio 2006, pet. ref’d) (mem. op.). His conviction is final. Rodarte has filed a notice of appeal from the trial court’s May 10, 2019 order, which recommends that Rodarte’s tenth pro se application for post-conviction writ of habeas corpus be dismissed because his claims are waived and abandoned by his abuse of the writ. As we have held in a prior appeal filed by Rodarte, this court lacks jurisdiction to consider an appeal from a trial court’s ruling regarding a post-conviction felony habeas corpus proceeding. See Ex parte Rodarte, No. 04-13-00254-CR, 2013 WL 1908678, at *1 (Tex. App.—San Antonio May 8, 2013) (mem. 04-19-00448-CR op.); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 § 5. On July 12, 2019, we ordered Rodarte to show cause within ten (10) days why this appeal should not be dismissed for lack of jurisdiction. Rodarte did not file a satisfactory response. Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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