Ex parte Noel Valdez Andrade Appeal from ... of ... County (memorandum opinion per curiam)

Annotate this Case
Download PDF
In The Court of Appeals Seventh District of Texas at Amarillo No. 07-19-00234-CR EX PARTE NOEL VALDEZ ANDRADE ORIGINAL PROCEEDING FOR WRIT OF HABEAS CORPUS June 25, 2019 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PARKER, JJ. As a pro se, Noel Valdez Andrade again petitions this Court for a writ of habeas corpus. This time, however, he does so under article 11.07 of the Texas Code of Criminal Procedure and believes his felony conviction improper because 1) trial counsel allegedly was ineffective and 2) new evidence would allegedly illustrate that the police “planted” the drugs found in his car. We dismiss. Article 11.07 of the Texas Code of Criminal Procedure establishes a means through which one may obtain “relief from a felony judgment imposing a penalty other than death.” TEX. CODE. CRIM. PROC. ANN. art. 11.07, § 1 (West 2015). Yet, the authority to award such relief under that statute lies within the exclusive jurisdiction of the Texas Court of Criminal Appeals. In re Nottingham, No. 07-19-00201-CV, 2019 Tex. App. LEXIS 5052, at *3–4 (Tex. App.—Amarillo June 18, 2019 orig. proceeding) (mem. op.); Ex parte Bellar, No. 07-19-00056-CR, 2019 Tex. App. LEXIS 861, at *1 (Tex. App.—Amarillo Feb. 6, 2019, orig. proceeding) (per curiam) (mem. op., not designated for publication). Because this Court is not the Texas Court of Criminal Appeals, we lack the authority to substantively entertain Andrade’s application for relief. Andrade’s petition for a writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure is dismissed for want of jurisdiction. Per Curiam Do not publish. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.