Opinion
Nos. 14-11-00014-CR, 14-11-00015-CR
Memorandum Opinion filed January 13, 2011. DO NO PUBLISH. Tex. R. App. P. 47.2(b).
Original Proceeding Writ of Habeas Corpus, 179th District Court, Harris County, Texas, Trial Court Nos. 1219410 1219411.
Panel consists of Chief Justice HEDGES and Justices FROST and CHRISTOPHER.
MEMORANDUM OPINION
On January 11, 2011, relator, Victor Tugwell, filed a petition for writ of habeas corpus in this court. See Tex. Gov't Code § 22.221(d); see also Tex. R. App. P. 52. In his petition, relator alleges that he is illegally restrained without bail on charges of intoxication manslaughter and aggravated assault, and he asks this court to set pre-trial bail. We are unable to consider relator's petition for writ of habeas corpus because our authority to entertain petitions for writ of habeas corpus extends solely to the actions of judges in civil cases. See Tex. Gov't Code § 22.221(d) (providing writ power to courts of appeals in civil cases where a person's liberty is restrained). A court of appeals does not have original jurisdiction over habeas corpus proceedings in criminal matters. See Chavez v. State, 132 S.W.3d 509, 510, 510 (Tex. App.-Houston [1st Dist.] 2004, no pet.); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.-Waco 1999, orig. proceeding) (determining that appellate court did not have jurisdiction to grant habeas relief in pending criminal matter). Our habeas corpus jurisdiction in criminal matters is appellate only. See In re Shaw, 175 S.W.3d 901, 903 (Tex. App.-Texarkana 2005, orig. proceeding). The Texas Code of Criminal Procedure vests power over original habeas corpus proceedings in criminal cases in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge of those courts. Tex. Code Crim. Proc. art. 11.05. Therefore, we dismiss relator's petition for lack of jurisdiction.