TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-000651-CV
In re Roger Doyle Wood
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Roger Doyle Wood, an inmate appearing pro se, has filed a “petition for writ of
habeas corpus under article 11.07” in this Court, relating to his 2008 conviction for murder. See
Tex. Code Crim. Proc. art. 11.07 (procedure for application for writ of habeas corpus). Wood
contends that the DNA evidence presented in his trial was based on flawed procedures and protocols.
Wood seeks to have his conviction vacated and a new trial ordered. We construe Wood’s petition
as an original application for writ of habeas corpus filed for the first time in this court of appeals.
We do not have jurisdiction over Wood’s request for relief. This Court’s original
jurisdiction to issue a writ of habeas corpus is limited to those cases in which a person’s liberty is
restrained because the person has violated an order, judgment, or decree entered in a civil case.
See Tex. Gov’t Code § 22.221(d). In criminal matters, our habeas corpus jurisdiction is appellate
only, and we have no jurisdiction in matters pertaining to habeas corpus proceedings initiated under
article 11.07. See Tex. Code Crim. Proc. art. 11.07, § 5 (vesting complete jurisdiction over post-
conviction relief from final felony convictions in Texas Court of Criminal Appeals); Ex parte
Garcia, No. 03-14-00292-CR, 2014 WL 3893030, at *1 (Tex. App.—Austin Aug. 8, 2014, orig.
proceeding); In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.—Houston [14th Dist.] 2006, orig.
proceeding) (per curiam); see also Chavez v. State, 132 S.W.3d 509, 510 (Tex. App.—Houston
[1st Dist.] 2004, no pet.) (“A court of appeals does not have original habeas corpus jurisdiction in
felony cases.”); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.)
(“The courts of appeals have no original habeas corpus jurisdiction in criminal matters; their
jurisdiction is appellate only.”).
Accordingly, we dismiss this proceeding for want of jurisdiction.
__________________________________________
Scott K. Field, Justice
Before Justices Puryear, Pemberton, and Field
Filed: November 2, 2016
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