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Ex parte Gray

Court of Appeals of Texas, Seventh District, Amarillo
Jul 26, 2021
No. 07-21-00161-CR (Tex. App. Jul. 26, 2021)

Opinion

07-21-00161-CR

07-26-2021

EX PARTE CYRUS L. GRAY III


Do not publish.

ORIGINAL PROCEEDING

Before QUINN, C.J., and PIRTLE and PARKER, JJ.

MEMORANDUM OPINION

Per Curiam.

Appearing pro se, Cyrus L. Gray III, filed an application for a writ of habeas corpus with this Court seeking to quash his criminal indictment pending in the 22nd District Court of Hays County, Texas. We have no authority, however, to issue a writ in this original proceeding as the 22nd District Court of Hays County is not a court within our appellate district. See Tex. Gov't Code Ann. § 22.201(h) (identifying the counties comprising the Seventh Court of Appeals District); 22.221 (West Supp. 2020) (limiting appellate court authority to issue writs of mandamus and writs of habeas corpus).

We previously dismissed Gray's appeal from a purported pretrial order issued in the same underlying criminal case. Gray v. State, No. 07-21-00081-CV, 2021 Tex.App. LEXIS 5394, at *2 (Tex. App-Amarillo July 7, 2021, no pet. h.) (per curiam) (mem. op., not designated for publication) (dismissed for want of jurisdiction). That appeal was transferred from the Third Court of Appeals to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov't Code Ann. §§ 73.001 (West 2013).

For this reason, we dismiss Gray's application for writ of habeas corpus for want of jurisdiction.


Summaries of

Ex parte Gray

Court of Appeals of Texas, Seventh District, Amarillo
Jul 26, 2021
No. 07-21-00161-CR (Tex. App. Jul. 26, 2021)
Case details for

Ex parte Gray

Case Details

Full title:EX PARTE CYRUS L. GRAY III

Court:Court of Appeals of Texas, Seventh District, Amarillo

Date published: Jul 26, 2021

Citations

No. 07-21-00161-CR (Tex. App. Jul. 26, 2021)