Fourth Court of Appeals San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00045-CR
IN RE Mason Lynn KELLNER, Relator
Original Proceeding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice H. Todd McCray, Justice Velia J. Meza, Justice
Delivered and Filed: April 9, 2025
DISMISSED
On January 17, 2025, Mason Lynn Kellner filed an application for writ of habeas corpus, arguing that “he is being held without bond in the 445 [sic] Judicial District Court on a pre-trial revocation.” This court does not, however, have original jurisdiction to issue a writ of habeas corpus in a criminal matter. See TEX. CONST. art. V, § 6(a) (granting appellate courts appellate jurisdiction and “such other jurisdiction, original and appellate, as may be prescribed by law”); TEX. GOV’T CODE ANN. § 22.221(d) (granting appellate courts limited jurisdiction to issue writs of habeas corpus in civil cases); TEX. CODE CRIM. PRO. ANN. art. 11.05 (“The court of criminal appeals, the district courts, the county courts, or any judge of those courts may issue the writ of habeas corpus.”); Ex parte Braswell, 630 S.W.3d 600, 601–02 (Tex. App.—Waco 2021, orig. proceeding); Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, orig. proceeding); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.).
04-25-00045-CR
Accordingly, we dismiss Kellner’s application for writ of habeas corpus for want of jurisdiction. Any pending motions are dismissed as moot.
PER CURIAM
DO NOT PUBLISH
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