Johnathan Cooper, Appellant v. The State of Texas, State (2015)

MEMORANDUM OPINION 1

On April 30, 2015, Appellant Johnathan Cooper filed a notice of appeal challenging the trial court's January 28, 2015 order denying his motion for appointment of postconviction habeas counsel.   We sent Appellant a letter notifying him of our concern that we lack jurisdiction over this appeal because this court has no jurisdiction over matters relating to postconviction applications under article 11.07 of the code of criminal procedure.²  We indicated that this appeal could be dismissed absent the filing of a response showing grounds for continuing the appeal.   Although we received a response, it does not show grounds for continuing the appeal.

We generally have jurisdiction to consider an appeal by a criminal defendant only from a judgment of conviction.³  We do not have jurisdiction over a postconviction application for writ of habeas corpus in a felony case, including a related motion for appointment of counsel.⁴

Accordingly, we dismiss this appeal for want of jurisdiction.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

2.   Tex.Code Crim. Proc. Ann. art. 11.07, § 5 (West 2015).

3.   See McKown v. State, 915 S.W.2d 160, 161 (Tex.App.—Fort Worth 1996, no pet.).

4.   Taylor v. State, No. 14–13–00614–CR, 2013 WL 4816409, at *1 (Tex.App.—Houston [14th Dist.] Sept. 10, 2013, no pet.) (mem. op., not designated for publication);  Ex parte Wall, No. 02–11–00326–CR, No. 02–11–00517–CR, 2012 WL 5869595, at *9 (Tex.App.—Fort Worth Nov. 21, 2012, no pet.) (mem. op., not designated for publication);  see Tex.Code Crim. Proc. Ann. art. 11.07, § 5;  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App.1991) (orig.proceeding) (stating that the Texas Court of Criminal Appeals is the “only court with jurisdiction in final post-conviction felony proceedings”).

PER CURIAM