Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed
May 17, 2016.
In The
Fourteenth Court of Appeals
NO. 14-16-00377-CR
IN RE KYLE FRANKS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
176th District Court
Harris County, Texas
Trial Court Cause No. 611262
MEMORANDUM OPINION
On May 9, 2016, relator Kyle Franks filed a petition for writ of mandamus
in this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R.
App. P. 52. In the petition, relator complains that he received ineffective
assistance of trial and appellate counsel.
Relator is requesting habeas corpus relief. The courts of appeals have no
original habeas-corpus jurisdiction in criminal matters. In re Ayers, No. 14-16-
00274-CR, — S.W.3d —, 2016 WL 1533747, at *1 (Tex. App.—Houston [14th
Dist.] Apr. 14, 2016, orig. proceeding). Original jurisdiction to grant a writ of
habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals,
the district courts, the county courts, or a judge in those courts. Tex. Code Crim.
Proc. Ann. art. 11.05 (West 2015); Ayers, 2016 WL 1533747, at *1. Therefore,
this court is without jurisdiction to consider relator’s petition requesting habeas
corpus relief.
Accordingly, we dismiss relator’s petition for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Boyce, Christopher, and Jamison.
Do Not Publish — Tex. R. App. P. 47.2(b).
2
in Re Kyle Franks
Combined Opinion