Opinion
No. 11-15-00279-CR
02-11-2016
EX PARTE CURTIS TEER
Original Proceeding
MEMORANDUM OPINION
Curtis Teer has filed in this court a "petition for writ of habeas corpus" in which he complains that he is illegally restrained in the John Middleton Unit of the Texas Department of Criminal Justice (T.D.C.J.) due to the actions of the Honorable Rodney W. Satterwhite, judge of the 441st District Court of Texas. Teer's complaint stems from his transfer to T.D.C.J. despite his eligibility to be released on bail pending appeal and despite his desire not to be transferred to T.D.C.J. but to remain in the county jail. See TEX. CODE CRIM. PROC. ANN. art. 42.09, § 4 (West Supp. 2015). We dismiss for want of jurisdiction.
We can find no authority that would enable this court to remedy Teer's situation. See TEX. CONST. art. V, §§ 5, 6 (providing that Court of Criminal Appeals has the power to issue writs of habeas corpus and that intermediate courts of appeals only have original jurisdiction as prescribed by law); TEX. GOV'T CODE ANN. § 22.221 (West 2004) (limited writ powers granted to the courts of appeals). An intermediate appellate court has no jurisdiction to release a person from confinement when that person has been finally convicted of a felony; the Court of Criminal Appeals has exclusive jurisdiction in such matters. Hoang v. State, 872 S.W.2d 694, 697 (Tex. Crim. App. 1993). Additionally, an intermediate appellate court "does not possess original habeas corpus jurisdiction of a bail issue" in a criminal case. Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, no pet.); see Ex parte Enriquez, 2 S.W.3d 362, 363 (Tex. App.—Waco 1999, orig. proceeding). Because we have no jurisdiction to grant the relief requested by Teer in his "petition for writ of habeas corpus" that was filed as an original proceeding in this court, we must dismiss.
We note, however, that the Court of Criminal Appeals has previously granted relief in situations similar to Teer's situation. See Ex parte Jackson, 602 S.W.2d 535 (Tex. Crim. App. 1980); Ex parte Rodriguez, 597 S.W.2d 771 (Tex. Crim. App. 1980); Ex parte Norvell, 528 S.W.2d 129 (Tex. Crim. App. 1975). We also note that, after he filed an original proceeding in this court, Teer filed an application for writ of habeas corpus—Cause No. WR-83,849-02—in the Court of Criminal Appeals on January 4, 2016. As of the date of this opinion, Teer's application remains pending in the Court of Criminal Appeals. --------
This proceeding is dismissed for want of jurisdiction.
PER CURIAM February 11, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J.,
Willson, J., and Bailey, J.