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In re McDonald

Court of Appeals of Texas, Third District, Austin
Dec 17, 2008
No. 03-08-00686-CV (Tex. App. Dec. 17, 2008)

Opinion

No. 03-08-00686-CV

Filed: December 17, 2008.

Original Proceeding from Bell County.

Before Chief Justice LAW, Justices PURYEAR and PEMBERTON.


MEMORANDUM OPINION


McDonald has filed an "Original Petition for Writ of Habeas Corpus." We do not have jurisdiction to consider McDonald's petition. See Tex. Code Crim. Proc. Ann. art. 11.05; Watson v. State, 96 S.W.3d 497, 500 (Tex.App.-Amarillo 2002, pet. ref'd) ("Under [article 11.05], the Court of Criminal Appeals, the District Courts, and the County Courts have the power to issue a writ of habeas corpus, but the courts of appeals are not designated as having jurisdiction to entertain or issue writs of habeas corpus."). To the extent McDonald may be challenging the trial court's refusal to issue a writ of a habeas corpus, McDonald presents nothing for review. See Ex parte Miller, 931 S.W.2d 724, 725-26 (Tex.App.-Austin 1996, no pet.). The petition is dismissed for want of jurisdiction.

McDonald has also filed a "Motion for Temporary Relief" requesting that this Court stay "any underlying proceedings" in the district court. We overrule that motion.


Summaries of

In re McDonald

Court of Appeals of Texas, Third District, Austin
Dec 17, 2008
No. 03-08-00686-CV (Tex. App. Dec. 17, 2008)
Case details for

In re McDonald

Case Details

Full title:In re Derrick W. McDonald

Court:Court of Appeals of Texas, Third District, Austin

Date published: Dec 17, 2008

Citations

No. 03-08-00686-CV (Tex. App. Dec. 17, 2008)