Tom Castilleja v. The State of Texas Appeal from 137th District Court of Lubbock County (memorandum opinion per curiam)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-17-00235-CR TOM CASTILLEJA, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 137th District Court Lubbock County, Texas Trial Court No. 2004-407,067, Honorable John "Trey" J. McClendon III, Presiding August 7, 2017 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. Appellant Tom Castilleja, an inmate appearing pro se, attempts to appeal the dismissal of his article 11.07 application for writ of habeas corpus by the Court of Criminal Appeals. We dismiss his purported appeal for want of jurisdiction. On May 24, 2017, the Court of Criminal Appeals dismissed appellant’s application for writ of habeas corpus, without a written order, for non-compliance with appellate rule 73.1. Appellant filed a notice of appeal in this court seeking to overturn the dismissal. Not only does this court lack original or appellate jurisdiction over post- conviction writs of habeas corpus in felony cases, we have no appellate jurisdiction to review an order of the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.05, 11.07 (West 2015); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig. proceeding) (per curiam) (reaffirming that the Court of Criminal Appeals possesses exclusive authority to grant post-conviction habeas relief in felony cases); TEX. CONST. art. V, § 5(a) (The Court of Criminal Appeals has final appellate jurisdiction in all criminal cases.), § 6(a) (A court of appeals has appellate jurisdiction over district courts and county courts within its respective district.). Questioning our jurisdiction, we directed appellant to address the matter. He did not file a response. Accordingly, we dismiss the appeal for want of jurisdiction. Per Curiam Do not publish. 2

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