Opinion
No. 04-14-00264-CR
04-30-2014
EX PARTE Kyle MILLER
MEMORANDUM OPINION
Original Habeas Corpus Proceeding
This proceeding arises out of Cause No. 2011CR5502, styled The State of Texas v. Kyle Miller, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary D. Roman presiding.
PER CURIAM Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Rebeca C. Martinez, Justice
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On April 21, 2014, relator Kyle Miller filed a pro se petition for writ of habeas corpus requesting that this court order his release on bail pending the appeal of his conviction and sentence. Miller was convicted of murder and sentenced to eight years' incarceration by a jury in December 2013.
Miller's direct appeal of his judgment of conviction and sentence was initiated in January 2014 and is presently pending before this court in Appeal No. 04-14-00041-CR, styled Kyle Miller v. The State of Texas.
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This court, as an intermediate court of appeals, is not authorized to grant the relief requested. In criminal matters, an intermediate court of appeals has no jurisdiction to consider an original application for writ of habeas corpus. TEX. CONST. art. V, §§ 5, 6; Chavez v. State, 132 S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.); Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref'd); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.). In criminal matters, the courts authorized to issue writs of habeas corpus are the Texas Court of Criminal Appeals, district courts, and county courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2005). Therefore, the petition for writ of habeas is dismissed for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH