From Casetext: Smarter Legal Research

In re Sanchez

Court of Appeals of Texas, First District, Houston
Oct 14, 2004
No. 01-04-00923-CR (Tex. App. Oct. 14, 2004)

Opinion

No. 01-04-00923-CR

Opinion issued October 14, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Original Proceeding on Petition for Writ of Habeas Corpus.

Panel consists of Justices TAFT, JENNINGS, and BLAND.


MEMORANDUM OPINION


Applicant, Jorge Alberto Sanchez, filed an application for writ of habeas corpus in this Court, complaining that he was being held without bail in cause number 990907, then pending in the 177th District Court of Harris County. Since applicant filed his writ application in this Court, he pleaded guilty in cause number 990907 and the trial court sentenced him to confinement in jail for 180 days. The courts of appeals have no original habeas corpus jurisdiction in criminal matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.-San Antonio 1999, no pet.); Ex parte Denby, 627 S.W.2d 435, 435 (Tex.App.-Houston [1st Dist.] 1981, orig. proceeding); Tex. Gov't Code Ann. § 22.221(d) (Vernon 2004-2005). Therefore, we are without jurisdiction to grant habeas corpus relief. Accordingly, we dismiss the application for want of jurisdiction.

In addition, applicant's conviction rendered the pretrial writ application moot. See Martinez v. State, 826 S.W.2d 620, 620 (Tex.Crim.App. 1992); Hubbard v. State, 841 S.W.2d 33, 33 (Tex.App.-Houston [14th Dist.] 1992, no pet.).


Summaries of

In re Sanchez

Court of Appeals of Texas, First District, Houston
Oct 14, 2004
No. 01-04-00923-CR (Tex. App. Oct. 14, 2004)
Case details for

In re Sanchez

Case Details

Full title:IN RE JORGE ALBERTO SANCHEZ, Applicant

Court:Court of Appeals of Texas, First District, Houston

Date published: Oct 14, 2004

Citations

No. 01-04-00923-CR (Tex. App. Oct. 14, 2004)