Ronny Gene Smith v. The State of TexasAppeal from 426th District Court of Bell County (memorandum opinion by chief justice jones)

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00680-CR Ronny Gene Smith, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT NO. 67764-A, THE HONORABLE FANCY H. FEZEK, JUDGE PRESIDING MEMORANDUM OPINION Appellant Ronny Gene Smith has filed a pro se notice of appeal of the trial court s findings of fact and conclusions of law entered in response to his application for writ of habeas corpus pursuant to Article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 11.07 (procedure for application for writ of habeas corpus). Article 11.07 vests complete jurisdiction over post-conviction relief from final felony convictions in the Texas Court of Criminal Appeals. See Tex. Code Crim. Proc. art. 11.07, ยง 5; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Watson, 253 S.W.3d 319, 320 (Tex. App. Amarillo 2008, orig. proceeding). The intermediate courts of appeals have no role in criminal law matters pertaining to proceedings initiated under article 11.07. See In re Briscoe, 20 S.W.3d 196 (Tex. App. Houston [14th Dist.] 2006, orig. proceeding); In re McAfee, 53 S.W.3d 715, 718 (Tex. App. Houston [1st Dist.] 2001, orig. proceeding); cf. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 18 (Tex. Crim. App. 2013). Accordingly, we dismiss this appeal for want of jurisdiction.1 __________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Pemberton and Field Dismissed for Want of Jurisdiction Filed: November 6, 2013 Do Not Publish 1 We also note that the trial court certification in the record reflects that appellant has no right of appeal. We are required to dismiss an appeal if a certification that shows the defendant has a right of appeal has not been made part of the record. See Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 613 (Tex. Crim. App. 2005). 2