Opinion
NO. 03-20-00381-CV
09-17-2020
In re Kevin D. Wilkins
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Kevin D. Wilkins has filed a pro se application for writ of habeas corpus seeking release from confinement in the county jail as a fugitive from justice. See Tex. Code Crim. Proc. arts. 51.07, .13, §10(a).
This Court does not have original habeas-corpus jurisdiction in criminal cases. See Tex. Const. art. V, § 6 (providing that courts of appeals "shall have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law"); Tex. Gov't Code § 22.221(d) (limiting original habeas-corpus jurisdiction of courts of appeals to situations where relator's liberty is restrained by virtue of order, process, or commitment issued by court or judge in civil case); see also Tex. Code Crim. Proc. art. 11.05 (vesting "power to issue the writ of habeas corpus" in "[t]he Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said Courts"). As an intermediate appellate court, our habeas-corpus jurisdiction in criminal matters is appellate only. See Tex. Gov't Code § 22.221(d); see also In re Washington, No. 03-19-00415-CV, 2019 WL 2998588, at *1 (Tex. App.—Austin July 9, 2019, orig. proceeding); In re Miller, No. 03-18-00638-CV, 2018 WL 4924749, at *1-2 (Tex. App.—Austin Oct. 11, 2018, orig. proceeding).
Accordingly, we dismiss relator's application for writ of habeas corpus for want of jurisdiction. See Tex. R. App. P. 52.8(a).
/s/_________
Edward Smith, Justice Before Justices Goodwin, Triana, and Smith Filed: September 17, 2020