Ex Parte Michael Rodriguez v. the State of Texas

CourtListener 10644765Txctapp830 juil. 2025

Texte intégral

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS

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EX PARTE No. 08-25-00182-CR
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MICHAEL RODRIGUEZ, Appeal from the
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Appellant. 226th District Court
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of Bexar County, Texas
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(TC# 2022CR2561)
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M E M O RAN D U M O PI N I O N

Appellant Michael Rodriguez filed an Article 11.07 application for writ of habeas corpus

in this Court, which we construed as a notice of appeal. We immediately notified Rodriguez by

letter of our concern that we lack jurisdiction over his appeal and warned Rodriguez that the appeal

would be dismissed unless he responded and showed grounds for our jurisdiction.

Specifically, we notified Rodriguez that this Court generally has jurisdiction to consider an

appeal in a criminal case only from a judgment of conviction. See Tex. Code Crim. Proc. Ann.

art. 44.02. Article 11.07 of the Texas Code of Criminal Procedure is the exclusive means for

challenging a final felony conviction, and this Court has no jurisdiction over matters relating to

postconviction applications under Article 11.07. See Tex. Code Crim. Proc. Ann. art. 11.07.
Rodriguez timely responded, stating that his application was filed in this Court in error.

Because we lack jurisdiction over postconviction applications under Article 11.07, we dismiss this

appeal for want of jurisdiction.

MARIA SALAS MENDOZA, Chief Justice

July 30, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.

(Do Not Publish)

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