COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-13-00349-CR
IN RE: ALBERTO ALVAREZ, §
AN ORIGINAL PROCEEDING IN
Relator. §
HABEAS CORPUS
§
MEMORANDUM OPINION
Alberto Alvarez, pro se, has filed in this Court a petition for writ of habeas corpus
seeking relief from his conviction of felony driving while intoxicated due to alleged ineffective
assistance of counsel at trial (trial court cause number 20080D01359). We dismiss the petition
for want of jurisdiction.
A jury convicted Alvarez of felony driving while intoxicated and assessed his punishment
at imprisonment for a term of twenty-five years. Alvarez appealed and this Court affirmed the
conviction on May 22, 2013. See Alvarez v. State, No. 08-11-00063-CR, 2013 WL 2285862
(Tex.App.--El Paso May 22, 2013, pet. ref’d). The Court of Criminal Appeals denied the petition
for discretionary review on September 11, 2013 and we issued the mandate on October 28, 2013.
Alvarez filed his petition in this original proceeding on November 18, 2013. See generally
TEX.R.APP.P. 52.1-52.11. He requests that we find he was denied the right to effective
assistance of counsel at trial, reverse his conviction, and remand to the trial court with
instructions to grant him a new trial.
A court of appeals has original jurisdiction “as may be prescribed by law.” TEX.CONST.
art. V, § 6. Section 22.221 of the Texas Government Code authorizes a court of appeals to issue
a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.
TEX.GOV’T CODE ANN. § 22.221(a), (b)(West 2004). Alvarez does not allege and we do not
find that issuance of the writ is necessary to enforce our jurisdiction. A court of appeals may
also 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). Section 22.221(d) is inapplicable here because Alvarez
expressly seeks relief from his felony conviction. We do not have original habeas corpus
jurisdiction in criminal cases. See TEX.CODE CRIM.PROC.ANN. art. 11.05 (West 2005)(providing
that the writ of habeas corpus may be issued by the Court of Criminal Appeals, the district
courts, the county courts, or any Judge of said courts); Ex parte Hawkins, 885 S.W.2d 586, 588
(Tex.App.--El Paso 1994, orig. proceeding). The Court of Criminal Appeals has exclusive
jurisdiction to grant relief in a post-conviction habeas corpus proceeding where, as in this case,
there is a final felony conviction. See Padieu v. Court of Appeals of Texas, Fifth District, 392
S.W.3d 115, 117 (Tex.Crim.App. 2013); TEX.CODE CRIM.PROC.ANN. art. 11. 07, §§ 3, 5 (West
Supp. 2013). Accordingly, we dismiss the petition for want of jurisdiction.
November 22, 2013
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
(Do Not Publish)
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