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 Do not publish.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).