Opinion issued June 16, 2010
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-10-00453-CR
———————————
IN RE ROBERT JACKSON, applicant
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Applicant, Robert Jackson, has filed a pro se application for writ of habeas corpus in this Court.[1] Applicant requests that we issue a writ ordering his release from jail and granting him his liberty. Because the courts of appeals have no original habeas corpus jurisdiction in criminal matters, we have no authority to grant the requested relief. 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 2009). Article 11.05 of the Texas Code of Criminal Procedure gives the Texas Court of Criminal Appeals, the District Courts, the County Courts, or a Judge of said Courts original criminal habeas corpus jurisdiction. Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon Supp. 2009). Therefore, we are without jurisdiction to grant habeas corpus relief.
Even if we were to treat the application as a petition for writ of mandamus, we would still have to deny relief because we do not have a record showing that applicant made any request of the trial court to perform a nondescretionary act that the trial court refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1stDist.] 1992, orig. proceeding).
Accordingly we dismiss for want of jurisdiction.
PER CURIAM
Panel consists of Justices Keyes, Higley, and Hanks.
Tex. R. App. P. 47.2(b).
[1] Applicant requests relief related to a pending criminal charge, filed as trial court cause number 10CR0274 in the 405th District Court of Galveston County, Texas.