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In re Armstead

Court of Appeals of Texas, Twelfth District, Tyler
Apr 7, 2010
No. 12-10-00097-CR (Tex. App. Apr. 7, 2010)

Opinion

No. 12-10-00097-CR

Opinion delivered April 7, 2010. DO NOT PUBLISH.

Original Proceeding.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


In this original proceeding, Relator John Wayne Armstead seeks a writ of habeas corpus, alleging that he is illegally confined and restrained in the Angelina County jail. The original jurisdiction of this court to issue a writ of habeas corpus is limited to those cases in which a person's liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case. See TEX. GOV'T CODE ANN. § 22.221(d) (Vernon 2004). Consequently, this court does not have original habeas corpus jurisdiction in criminal matters. Dodson v. State , 988 S.W.2d 833, 835 (Tex. App.-San Antonio 1999, no pet.); Ex parte Hawkins , 885 S.W.2d 586, 588 (Tex. App.-El Paso 1994, no pet.). Here, Relator's complaint arises out of a revocation proceeding, which is a criminal matter. Therefore, we lack jurisdiction to address the merits of Relator's petition. Accordingly, we dismiss Relator's habeas petition for want of jurisdiction .


Summaries of

In re Armstead

Court of Appeals of Texas, Twelfth District, Tyler
Apr 7, 2010
No. 12-10-00097-CR (Tex. App. Apr. 7, 2010)
Case details for

In re Armstead

Case Details

Full title:IN RE: JOHN WAYNE ARMSTEAD, RELATOR

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Apr 7, 2010

Citations

No. 12-10-00097-CR (Tex. App. Apr. 7, 2010)