Opinion
NO. 01-19-00889-CR
12-05-2019
IN RE HILLARY EVANS, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Hillary Evans, has filed an original petition for writ of habeas corpus, challenging the trial court's judgment of conviction. We dismiss.
The underlying case is State of Texas v. Hillary Evans, cause number 85415-CR, pending in the 23rd District Court of Brazoria County, Texas, the Honorable Ben Hardin presiding.
An appellate court has the power to issue writs of habeas corpus only when a person is restrained of their liberty by virtue of an order or commitment issued by a court based on the violation of an order or judgment rendered in a civil case. See TEX. GOV'T CODE § 22.221(d). Because relator seeks a writ of habeas corpus from a judgment rendered in a criminal case, we lack jurisdiction over this proceeding. See In re Ayers, 515 S.W.3d 356, 356-57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding).
Accordingly, we dismiss for lack of jurisdiction. Any pending motions are dismissed as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Landau and Hightower.
Do not publish. TEX. R. APP. P. 47.2(b).