Opinion
NUMBER 13-18-00424-CR
08-06-2018
IN RE JOHN M. BELL
On Petition for Writ of Habeas Corpus.
MEMORANDUM OPINION
Before Justices Contreras, Longoria, and Hinojosa
Memorandum Opinion by Justice Longoria
See TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions); id. R. 52.8(d) ("When granting relief, the court must hand down an opinion as in any other case," but when "denying relief, the court may hand down an opinion but is not required to do so.").
Relator John M. Bell, proceeding pro se, filed a petition for writ of habeas corpus in the above cause on August 3, 2018. Relator utilized the standard form for a federal habeas petition under 28 U.S.C. § 2254 that is meant to be filed in a federal district court. See 28 U.S.C. § 2254 (West, Westlaw through P.L. 115-223). Bell seeks relief from his conviction in trial court cause number 17-00888-CRF-272 in the 272nd District Court of Brazos County, Texas. We note that Bell's appeal from that same trial court case was transferred to this Court from the Fourteenth Court of Appeals, and is currently pending in our cause number 13-18-00045-CR. See TEX. GOV'T CODE ANN. § 22.220(a) (West, Westlaw through 2017 1st C.S.) (delineating the jurisdiction of appellate courts); id. § 73.001 (West 2005) (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is "good cause" for the transfer).
This Court's original jurisdiction to grant habeas corpus relief derives from section 22.221(d) of the Texas Government Code, which provides, in relevant part:
Concurrently with the supreme court, the court of appeals of a court of appeals district in which a person is restrained in his liberty, or a justice of 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(d) (West, Westlaw through 2017 1st C.S.). Thus, this Court has no original habeas corpus jurisdiction in criminal law matters. See id.; In re Quinata, 538 S.W.3d 120, 120 (Tex. App.—El Paso 2017, orig. proceeding); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per curiam). In such cases, our jurisdiction is appellate only. Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.). 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 "any Judge of said Courts." TEX. CODE CRIM. PROC. ANN. art. 11.05 (West, Westlaw through 2017 1st C.S.); see In re Ayers, 515 S.W.3d at 356.
The Court, having examined and fully considered the petition for writ of habeas corpus, is of the opinion that we lack jurisdiction to consider the petition. See TEX. GOV'T CODE ANN. § 22.221(d); In re Quinata, 538 S.W.3d at 120; In re Spriggs, 528 S.W.3d at 236. Accordingly, we dismiss Bell's petition for writ of habeas corpus for lack of jurisdiction.
NORA L. LONGORIA
Justice Do not publish.
TEX. R. APP. P. 47.2(b). Delivered and filed the 6th day of August, 2018.