Opinion
NO. 14-15-01099-CR
01-12-2016
IN RE BRETT DAVID BOGUS, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 176th District Court Harris County, Texas
Trial Court Cause No. 1433472
MEMORANDUM OPINION
On December 30, 2015, relator Brett David Bogus filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator complains of ineffective assistance of counsel and prosecutorial misconduct and asks this court to reduce his sentence.
Relator is requesting habeas corpus relief. The courts of appeals have no original habeas corpus jurisdiction in criminal matters; their jurisdiction is appellate only. Tex. Gov't Code Ann. § 22.221(d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); Ex Parte Denby, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art. 11.05 (West 2015); Ex Parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding). Therefore, this court is without jurisdiction to consider relator's petition requesting habeas corpus relief.
Accordingly, we dismiss relator's petition for lack of jurisdiction.
PER CURIAM Panel consists of Justices Jamison, Donovan, and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).