Opinion
No. 01-08-00631-CR
Issued September 25, 2008.
Original Proceeding on Petition for Writ of Habeas Corpus.
Panel consists of Justices TAFT, KEYES, and ALCALA.
MEMORANDUM OPINION
Applicant, Charles Alpine, has filed an application for writ of habeas corpus in this Court. He requests that we issue an order discharging him from custody on a personal recognizance bond. The courts of appeals have no original habeas corpus jurisdiction in criminal matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.-San Antonio 1999, no pet.); Ex parte Denby, 627 S.W.2d 435, 435 (Tex.App.-Houston [1st Dist.] 1981, orig. proceeding); Tex. Gov't Code Ann. § 22.221(d) (Vernon 2004). Therefore, we are without jurisdiction to grant habeas corpus relief.
Even if we were to treat the application as a petition for writ of mandamus, we would still have to deny relief because we do not have a record showing that applicant made any request of the trial court to perform a nondiscretionary act that the trial court refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, orig. proceeding).
Accordingly, we dismiss for want of jurisdiction.