Opinion
14-23-00703-CR
01-04-2024
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Do Not Publish - Tex.R.App.P. 47.2(b).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 Chief Justice Christopher and Justices Zimmerer and Poissant.
MEMORANDUM OPINION
PER CURIAM.
On September 22, 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 new trial.[
Relator's direct appeal of the underlying conviction is pending before this Court in No. 23-00712-CR.
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).
Accordingly, relator's petition is dismissed for lack of jurisdiction.