From Casetext: Smarter Legal Research

In re Borjas

Court of Appeals of Texas, First District
Jan 11, 2022
No. 01-21-00714-CR (Tex. App. Jan. 11, 2022)

Opinion

01-21-00714-CR 01-21-00715-CR01-21-00716-CR

01-11-2022

IN RE BOBBY GERMAN BORJAS, Relator


Do not publish. See Tex. R. App. P. 47.2(b).

Original Proceeding on Petition for Writ of Habeas Corpus

Panel consists of Chief Justice Radack and Justices Kelly and Landau.

MEMORANDUM OPINION

PER CURIAM

Relator, Bobby German Borjas, incarcerated and proceeding pro se, has filed a petition for a writ of habeas corpus in this court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52. In his petition, relator asks this court to discharge him from illegal custody or reduce his bail.

The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 956, 956 (Tex. App.-Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov't Code § 22.221(d)). 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. Id. (citing Tex. Code Crim. Proc. art 11.05). Therefore, this court does not have original habeas corpus jurisdiction over relator's complaints. See Ayers, 515 S.W.3d at 956; Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.- Amarillo 2009, orig. proceeding) (holding court of appeals did not have jurisdiction in original proceeding to consider challenge to denial of bail and dismissing petition for writ of habeas corpus).

Accordingly, relator's petition is dismissed for lack of jurisdiction.

The underlying case is State of Texas v. Bobby German Borjas, cause numbers 1675450, 1716637, & 1719912, pending in the 208th District Court of Harris County, Texas, the Honorable Greg Glass presiding.


Summaries of

In re Borjas

Court of Appeals of Texas, First District
Jan 11, 2022
No. 01-21-00714-CR (Tex. App. Jan. 11, 2022)
Case details for

In re Borjas

Case Details

Full title:IN RE BOBBY GERMAN BORJAS, Relator

Court:Court of Appeals of Texas, First District

Date published: Jan 11, 2022

Citations

No. 01-21-00714-CR (Tex. App. Jan. 11, 2022)