Opinion
No. 12-09-00120-CR
Opinion delivered April 30, 2009. DO NOT PUBLISH.
Original Proceeding.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
In this original proceeding, David George Baugh seeks a writ of habeas corpus and a declaratory judgment alleging that he is being unlawfully detained by the sheriff of Cherokee County, Texas. We dismiss the petition. The Texas Government Code provides as follows:
Concurrently with the supreme court, the court of appeals of a court of appeals district in which a person is restrained in his liberty, or a justice of the court of appeals, may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case. Pending the hearing of an application for a writ of habeas corpus, the court of appeals or a justice of the court of appeals may admit to bail a person to whom the writ of habeas corpus may be granted.Tex. Gov't Code Ann. § 22.221(d) (Vernon 2004). Thus, the original jurisdiction of courts of appeals to issue a writ of habeas corpus is limited to those cases in which a person's liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case. Id. Consequently, courts of appeals do not have original habeas corpus jurisdiction in criminal law matters. Dodson v. State , 988 S.W.2d 833, 835 (Tex.App.-San Antonio 1999, no pet.); Ex parte Hawkins , 885 S.W.2d 586, 588 (Tex.App.-El Paso 1994, no pet.). In such matters, their jurisdiction is appellate only. Dodson , 988 S.W.2d at 835. Accordingly, we dismiss Baugh's habeas petition and request for declaratory judgment for want of jurisdiction .