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In re Burleson

Court of Appeals of Texas, Fourth District, San Antonio
May 28, 2008
No. 04-08-00325-CR (Tex. App. May. 28, 2008)

Opinion

No. 04-08-00325-CR

Delivered and Filed: May 28, 2008. DO NOT PUBLISH.

Original Habeas Corpus Proceeding Petition for Writ of Habeas Corpus Dismissed for Lack of Jurisdiction.

This proceeding arises out of Cause Nos. 2007-CR-8880 and 2007-CR-7473A, styled State of Texas v. Lawrence Burleson, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, STEVEN C. HILBIG, Justice.


MEMORANDUM OPINION


On May 12, 2008, relator Lawrence Burleson filed an original petition for a writ of habeas corpus in this court. Burleson represents he is confined in the Bexar County jail awaiting trial in two criminal matters. This court, as an intermediate court of appeals, is not authorized to grant the relief requested. Pursuant to section 22.221(d) of the Texas Government Code, the court of appeals "may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case." Tex. Gov't Code Ann. § 22.221 (Vernon 2004). The court of appeals has no original habeas corpus jurisdiction in criminal matters. Watson v. State, 96 S.W.3d 497, 500 (Tex.App.-Amarillo 2002, pet. ref'd); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex.App.-Waco 1999, orig. proceeding); Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.-San Antonio 1999, no pet.). The Court of Criminal Appeals, the district courts, and the county courts are authorized to issue writs of habeas corpus in criminal matters. Tex. Crim. Pro. Code Ann. art. 11.05 (Vernon 2005). Accordingly, Burleson's petition is dismissed for lack of jurisdiction.


Summaries of

In re Burleson

Court of Appeals of Texas, Fourth District, San Antonio
May 28, 2008
No. 04-08-00325-CR (Tex. App. May. 28, 2008)
Case details for

In re Burleson

Case Details

Full title:IN RE Lawrence BURLESON

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: May 28, 2008

Citations

No. 04-08-00325-CR (Tex. App. May. 28, 2008)