MEMORANDUM OPINION
No. 04-11-00457-CR
EX PARTE James PAYTON
Original Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: July 13, 2011
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On July 1, 2011, relator James Payton filed an original petition for writ of habeas corpus
in this court. However, as an intermediate court of appeals this court is not authorized to grant
the relief requested. Pursuant to section 22.221(d) of the Texas Government Code, in civil
matters, a 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 2004). However, in
criminal matters, a court of appeals has no original habeas corpus jurisdiction. Watson v. State,
96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833,
1
This proceeding arises out of Cause No. 2011-CR-4235, styled State of Texas v. James Payton, pending in the
187th Judicial District Court, Bexar County, Texas, the Honorable Raymond Angelini presiding.
04-11-00457-CR
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, the district courts, and the
county courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2005). Therefore, we dismiss
this petition for writ of habeas for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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