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In re Frank

Court of Appeals For The First District of Texas
Sep 24, 2020
NO. 01-20-00457-CR (Tex. App. Sep. 24, 2020)

Opinion

NO. 01-20-00457-CR

09-24-2020

IN RE JUSTIN LUIGI FRANK, Relator


Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM OPINION

Relator, Justin Luigi Frank, has filed an application for a writ of habeas corpus, asserting he was being held with no bond by the sheriff of Fort Bend County, Texas in the Fort Bend County Jail.

The underlying case is The State of Texas v. Justin Luigi Frank, Cause No. 20-DCR-091881, pending in the 400th District Court of Fort Bend County, Texas, the Honorable Maggie Perez-Jaramillo presiding.

We do not have original habeas corpus jurisdiction in felony cases. See TEX. CONST. art. V, § 6; TEX. CODE CRIM. PROC. art. 11.07 §§ 2, 3; TEX. GOV'T CODE § 22.221(d); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356, 356-57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding); cf. TEX. R. APP. P. 31 (pertaining to appellate review of judgment or order in a habeas corpus or bail proceeding).

Accordingly, we dismiss the application for lack of jurisdiction. We dismiss all pending motions as moot.

PER CURIAM Panel consists of Justices Kelly, Goodman, and Countiss. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

In re Frank

Court of Appeals For The First District of Texas
Sep 24, 2020
NO. 01-20-00457-CR (Tex. App. Sep. 24, 2020)
Case details for

In re Frank

Case Details

Full title:IN RE JUSTIN LUIGI FRANK, Relator

Court:Court of Appeals For The First District of Texas

Date published: Sep 24, 2020

Citations

NO. 01-20-00457-CR (Tex. App. Sep. 24, 2020)