Ex parte Jerry Soliz Martinez Appeal from 437th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-14-00468-CR EX PARTE Jerry Soliz MARTINEZ From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2008CR1459 Honorable Lori I. Valenzuela, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: October 8, 2014 DISMISSED FOR LACK OF JURISDICTION On June 30, 2014, Appellant Jerry Soliz Martinez filed a Motion of an Out-of-Time Appeal of the Orders of the 437th District Court, stating that he intends to appeal the trial court s order of July 2, 2013. Appellant states that he was convicted and sentenced in the 437th Judicial District Court, Bexar County, Texas on June 22, 2011. On October 12, 2012, he contested his conviction by filing an application for writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. In its July 2, 2013 order, the trial court considered the merits of Martinez s application for post-conviction writ of habeas corpus and denied the application. We do not have jurisdiction over post-conviction habeas applications in felony cases. See TEX. CODE CRIM. PROC. ANN. art. 11.07(a). Post-conviction writs of habeas corpus must be filed in the court of conviction, but made returnable to the Texas Court of Criminal Appeals. Id. 04-14-00468-CR Therefore, on July 18, 2014, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On August 22, 2014, appellant filed a response. After considering appellant s response, we conclude that we lack jurisdiction over this appeal. This appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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