## NO. 12

- 20

- 00144

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

EX PARTE:

J

ODY FO RD MCCREARY §

§

§ APPEAL FROM THE 7TH

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Appellant Jody Ford McCreary was convicted in 2011 of tampering with physical

ev idence, a f elony. On May 27 , 2020, Appellant filed a pro se notice of appeal to challenge t he

trial court ’ s denial of his post

- judgment appli cation for writ of habeas corpus

. O n July 2

, 2020, t he Clerk of this Court noti fied App ellant that the notice of appeal did

not show the jurisdiction of this Court

, i.e., there is no new f inal judgment or appealable order

. 1

The notice fu rther in form e d Appellant that the appeal would be dismissed unless the information

was amended on or before July 17 to show th is Court ’ s juri sdiction. This Court received no

response from Appellant. Article 11.07 establishes the procedures for an application for writ of habeas corpus in which the applicant seeks relief fr om a felony judgment imposing a penalty other than death.

T EX

. C ODE C RIM

. P ROC

. A NN

. art 11.07 § 1 (West 2015)

. After final conviction in any felony case, the writ must be made returnable to the Texas Court of Criminal Appeals. Id . art. 11.07
§ 3(a)

. Jurisdiction to grant post conviction habeas corpus relief on a final felony conviction r ests

e xclusively with the Texas Court of Criminal Appeals. Board of Pardons & Paroles ex rel.
Keene v. Court of Appeals for Eighth Dist. , 910 S.W .2d 481, 483 (Tex. Crim. App. 1995)

.

1 Appellant prev iously attempted to appeal his 2011 conviction and sent enc e . T his C ourt dismissed the appeal for want of jurisdiction. See McCrea ry v. State
, 12

- 20

- 00029

- CR, 2020 WL 827587 (Tex. App.

— Tyler Feb. 19, 2020, no pet

. ) (mem. op.; not designated for public at ion) (per curiam).2 Accordingly, this Court lacks jurisdic tion over postconviction habeas appli cations in felony

cases. See Ford v. State
, No. 12

- 20

- 00076

- CR, 2020 WL 1697 437 , at *1 (Tex. App.

— Tyler
Apr. 8, 2020, no pet. ) (mem. op.; not de signated for publication) (per curiam) ( dismissing appeal from denial of po stconviction habea s application for want of jurisdiction ) ; see also Ex parte
Ngo , No. 02

- 16

- 00425

- CR, 2016 WL 7405836, at *1 (Tex. App.

— Fort Worth Dec. 22, 2016, no pet.) (mem. op., not designated for publication) ( same ). For this reason, we dismiss Appellant ’ s appeal for want of jurisdiction

. Op inion delivered September 2, 2020. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

( DO NOT PUBLISH )

## COURT OF APPEALS

TWELFTH COURT OF APPE ALS DISTRICT OF TEXAS

JUDGM ENT

SEPTEMBER 2 , 2 020

NO. 12

- 20

- 00144

- CR

EX PARTE: JODY FORD MCCREARY

Ap peal from the 7th District Court

of Smith County, Texas (Tr.Ct.No. 0 07

- 1110

- 10W )

THIS CAUSE came on to be heard on the appellate record, and the same being consid ered, it is the opinion of this C ourt that it is without jurisdiction of the appeal, and that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED a nd DECREED by this Court that this appeal be, and the same is, hereby dismissed for want of ju risdiction ; and that thi s decisio n
be certified to the court below for observance.
By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.