Opinion issued May 15, 2009
In The
Court of Appeals
For The
First District of Texas
NO. 01-09-00416-CR
EX PARTE DONALD W. PUGH, Applicant
Original Proceeding on Application for Writ of Habeas Corpus
MEMORANDUM OPINION
Applicant, Donald W. Pugh, requests that this Court issue an emergency pre-trial writ of habeas corpus, conduct a hearing on it, and grant relief by admitting applicant to a reasonable bond and releasing him from confinement.
Facts
Applicant is under an April 2, 2009 indictment for manslaughter in the 248th District Court of Harris County, Texas. He asserts his poor health prevented him from making a docket call, which caused the trial court, on May 5, 2009, without hearing, to revoke his bond and order him taken into custody. On May 6, 2009, applicant filed in the trial court an application for writ of habeas corpus and motion for reinstatement of bond. The trial court refused hearing on applicant’s bond revocation and application for writ of habeas corpus. On May 8, 2009, at the trial court’s direction, applicant was placed in the Harris County jail. Applicant asserts that he has been placed in the general jail population where his health is jeopardized due to non-provision of medications and other considerations.
Applicant’s Legal Argument
Applicant contends that because the trial court has denied him a hearing on the bond revocation and application for habeas corpus relief, he is entitled to seek an original writ of habeas corpus from this Court. As authority, applicant cites Texas Code of Criminal Procedure article 11.05.
Analysis
The courts of appeal 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). Article 11.05, which applicant cites, gives original criminal habeas corpus jurisdiction to the Court of Criminal Appeal, District Courts, County Courts, or any Judge of those courts, but not to the courts of appeal. See Tex. Code Crim. Proc. Ann. Art. 11.05 (Vernon 2005).
Conclusion
We dismiss, for want of jurisdiction, applicant’s motion for leave to file original petition for writ of habeas corpus and request for emergency relief.
PER CURIAM
Panel consists of Justices Taft, Higley, and Sharp.