Dismiss and Opinion Filed October 29, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01357-CV
IN RE WALTER CORTEZ, Relator
Original Proceeding from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F07-30378-V
MEMORANDUM OPINION
Before Justices FitzGerald, Francis, and Brown
Opinion by Justice Francis
Relator filed this petition for writ of mandamus complaining of the actions of the trial
court in dismissing or denying his petition for writ of habeas corpus without giving him an
opportunity to amend and of the actions of the Texas Court of Criminal Appeals in denying his
petition for writ of mandamus filed in that court. The intermediate courts of appeals have no
original jurisdiction over petitions for habeas corpus relief in connection with criminal
proceedings. See TEX. GOV'T CODE ANN. § 22.221(d) (West 2004) (limiting habeas corpus
jurisdiction of intermediate courts of appeals to civil matters); TEX. CODE CRIM. PROC. ANN. art.
11.05 (West 2005) (granting original jurisdiction in cases seeking writs of habeas corpus in
criminal cases to the court of criminal appeals, districts courts, and county courts). Accordingly,
they also have no mandamus jurisdiction in matters related to petitions for writ of habeas corpus.
“Article 11.07 contains no role for the courts of appeals; the only courts referred to are the
convicting court and the Court of Criminal Appeals.” In re McAfee, 53 S.W.3d 715, 718 (Tex.
App.—Houston [1st Dist.] 2001, orig. proceeding). We DISMISS relator’s petition for writ of
mandamus for want of jurisdiction.
141357F.P05 /Molly Francis/
MOLLY FRANCIS
JUSTICE
–2–