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In re Estrada

Court of Appeals For The First District of Texas
Nov 6, 2014
NO. 01-14-00819-CR (Tex. App. Nov. 6, 2014)

Opinion

NO. 01-14-00819-CR

11-06-2014

IN RE RODOLFO ESTRADA, JR., Relator


Original Proceeding on Application for Writ of Habeas Corpus

MEMORANDUM OPINION

Relator, Rodolfo Estrada, Jr., has filed an "Application for Writ of Habeas Corpus to Set an Appeal Bond," contending that, pending his appeal of his conviction, he is being unlawfully confined and restrained without benefit of bail and has been denied bail "in abridgement of his constitutional and statutory right of bail." We dismiss the application for want of jurisdiction.

The petition identifies the underlying case as Rodolfo Estrada, Jr. v. The State of Texas, cause no. 1321081, in the 174th District Court of Harris County Texas, the Honorable Ruben Guerrero presiding.

This Court does not have "original habeas corpus jurisdiction of a bail issue" in a criminal case. Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, no pet.) (citing TEX. GOV'T CODE ANN. § 22.221(d) (West 2004) and Ex parte Enriquez, 2 S.W.3d 362, 363 & n.1 (Tex. App.—Waco 1999, orig. proceeding) (mem. op.)); see Chavez v. State, 132 S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.) (citing TEX. GOV'T CODE ANN. § 22.221 (West 2004)) ("A court of appeals does not have original habeas corpus jurisdiction in felony cases."). Only the Texas Court of Criminal Appeals has jurisdiction to grant relief in a post-conviction habeas corpus proceeding when there is a final conviction in a felony case. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp. 2014); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013).

Accordingly, we dismiss the application for want of jurisdiction.

PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Keyes. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

In re Estrada

Court of Appeals For The First District of Texas
Nov 6, 2014
NO. 01-14-00819-CR (Tex. App. Nov. 6, 2014)
Case details for

In re Estrada

Case Details

Full title:IN RE RODOLFO ESTRADA, JR., Relator

Court:Court of Appeals For The First District of Texas

Date published: Nov 6, 2014

Citations

NO. 01-14-00819-CR (Tex. App. Nov. 6, 2014)

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