Opinion
03-24-00079-CV
02-23-2024
In re James Michael Sailors
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
Before Justices Baker, Triana, and Kelly
MEMORANDUM OPINION
Chari L. Kelly, Justice
Relator James Michael Sailors has filed a "writ of habeas corpus in pursuant [sic] of appeal" challenging aspects of his conviction for criminal mischief, a Class A misdemeanor. "The Texas Constitution grants courts of appeals original jurisdiction only where specifically prescribed by law." Ex parte Braswell, 630 S.W.3d 600, 601 (Tex. App.-Waco 2021, no pet.); see Tex. Const. art. V, § 6. Our original jurisdiction to issue a writ of habeas corpus is limited to those cases where a person's liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case. Tex. Gov't Code § 22.221(d); In re Reece, 341 S.W.3d 360, 364 n.3 (Tex. 2011) (orig. proceeding). Consequently, we lack original habeas corpus jurisdiction in criminal matters. Braswell, 630 S.W.3d at 601-02; Queen v. State, 212 S.W.3d 619, 623 (Tex. App.-Austin 2006, no pet.).
Moreover, article 11.06(c) of the Code of Criminal Procedure provides the procedure by which a person finally convicted in a misdemeanor case may seek post-conviction habeas relief. See Tex. Code Crim. Proc. art. 11.06(c); Ex parte Williams, 239 S.W.3d 859, 861-62 (Tex. App.-Austin 2007, no pet.). Pursuant to that article, "the writ must be made returnable to the county in which the applicant was convicted." Tex. Code Crim. Proc. art. 11.06(c).
We dismiss Sailors' petition for want of jurisdiction.