Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00264-CR
EX PARTE Kyle MILLER
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: April 30, 2014
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On April 21, 2014, relator Kyle Miller filed a pro se petition for writ of habeas corpus
requesting that this court order his release on bail pending the appeal of his conviction and
sentence. Miller was convicted of murder and sentenced to eight years’ incarceration by a jury in
December 2013. 2
This court, as an intermediate court of appeals, is not authorized to grant the relief
requested. In criminal matters, an intermediate court of appeals has no jurisdiction to consider an
original application for writ of habeas corpus. TEX. CONST. art. V, §§ 5, 6; Chavez v. State, 132
S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.); Watson v. State, 96 S.W.3d 497,
1
This proceeding arises out of Cause No. 2011CR5502, styled The State of Texas v. Kyle Miller, pending in the 175th
Judicial District Court, Bexar County, Texas, the Honorable Mary D. Roman presiding.
2
Miller’s direct appeal of his judgment of conviction and sentence was initiated in January 2014 and is presently
pending before this court in Appeal No. 04-14-00041-CR, styled Kyle Miller v. The State of Texas.
04-14-00264-CR
500 (Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—
San Antonio 1999, no pet.). In criminal matters, the courts authorized to issue writs of habeas
corpus are the Texas Court of Criminal Appeals, district courts, and county courts. See TEX. CODE
CRIM. PROC. ANN. art. 11.05 (West 2005). Therefore, the petition for writ of habeas is dismissed
for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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