Opinion
14-23-00584-CR
08-22-2023
IN RE ANDREW BURKE, Relator
Do Not Publish - Tex.R.App.P. 47.2(b).
ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 458th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCR-099866
Panel consists of Christopher Chief Justice and Zimmerer and Poissant Justices.
MEMORANDUM OPINION
PER CURIAM
On August 14, 2023, relator Andrew Burke filed a petition for writ of habeas corpus in this Court. See Tex. Gov't Code Ann. § 22.221; see also Tex. R. App. P. 52. Relator seeks a pretrial bond reduction or a personal recognizance bond.
The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356-57 (Tex. App.-Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov't Code Ann. § 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. Ann. art 11.05). Therefore, this court does not have original habeas corpus jurisdiction over a request to reduce bail in a criminal case. See 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.