History
  • No items yet
midpage
Ex Parte Samuel Aleman Pineda
07-15-00376-CR
| Tex. App. | Oct 27, 2015
|
Check Treatment
Case Information

*1 Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant Samuel Aleman Pineda appeals a trial court order denying his motion for appointment of counsel for purposes of post-conviction litigation. We dismiss the appeal for want of jurisdiction.

Appellant was convicted of aggravated sexual assault in 2006. In 2015, Appellant filed a motion in the trial court to appoint counsel to represent him in filing an

application for writ of habeas corpus under art. 11.07 of the Texas Code of Criminal Procedure. The trial court denied the motion, and appellant appealed the order.

Exclusive jurisdiction over post-conviction relief from final felony convictions vests in the Texas Court of Criminal Appeals. See Padieu v. Court of Appeals of TX., *2 Fifth Dist ., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); see also T EX . C ODE C RIM . P ROC . A NN . art. 11.07, § 5. Consequently, intermediate “appellate courts ha ve scrupulously declined to intervene in pending art. 11.07 actions, noting [the Texas Court of Criminal Appeals’] exclusive jurisdiction.” Padieu , 392 S.W.3d at 117 ( citing In re McAfee , 53 S.W.3d 715 (Tex. App. — Houston [1st Dist.] 2001, orig. proceeding)). Article 11.07 simply contains no role for the intermediate courts of appeals; the only courts to which art. 11.07 refers are the convicting court and the Court of Criminal Appeals. In re McAfee , 53 S.W.3d at 718.

Moreover, a decision to deny appointed counsel is not an appealable order given that it involves a preliminary matter. Gutierrez v. State , 307 S.W.3d 318, 323 (Tex. Crim. App. 2010) (involving the denial of counsel to assist in securing post-conviction DNA testing). This coupled with our lack of jurisdiction over art. 11.07 proceedings leads us to conclude that we have no jurisdiction to entertain the appeal at bar.

Accordingly, we dismiss the appeal for want of jurisdiction.

Per Curiam Do not publish

2

Case Details

Case Name: Ex Parte Samuel Aleman Pineda
Court Name: Court of Appeals of Texas
Date Published: Oct 27, 2015
Docket Number: 07-15-00376-CR
Court Abbreviation: Tex. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.