RENTERIA, DAVID SANTIAGO v. the State of Texas

In the Court of Criminal
Appeals of Texas
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No. AP-77,118
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EX PARTE DAVID SANTIAGO RENTERIA,
Applicant

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On Direct Appeal from Denial of Writ of Habeas Corpus
Under Article I, § 12 of the Texas Constitution and Texas
Code of Criminal Procedure Article 11.05 and Motion to
Stay the Execution in Cause No. 20020D00230
From the 327th Judicial District Court
El Paso County
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YEARY, J., filed a dissenting opinion.

For the reasons stated in my recent dissenting opinion in Ex parte
Murphy, I dissent to the Court entertaining the current attempted
appeal on the merits. No. AP-77,116, 2023 WL 6586973 (Tex. Crim. App.
RENTERIA – 2

Oct. 9, 2023) (Yeary, J., dissenting) (not designated for publication). As
I stated there:
Appellant now seeks to appeal the decision of the district
court denying relief on his application. There is no general
constitutional right to appeal criminal cases. See Phynes v.
State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992). Appellant
points to no authority suggesting that he has a right to
appeal the decision of the trial court. As a result, this Court
lacks a sufficient basis to conclude that its appellate
jurisdiction has been properly invoked. Appellant’s
attempted appeal should be dismissed.

Id. Here, similarly, Appellant fails to demonstrate that he has a right to
appeal the decision of the trial court. The right to appeal is not inherent.
In the absence of a demonstration of a right to pursue this attempted
appeal, my vote is to simply dismiss it.

FILED: November 16, 2023
PUBLISH