in Re La Fredrick Waters

Opinion issued November 17, 2010 In The Court of Appeals For The First District of Texas ———————————— NO. 01-10-00995-CR ——————————— IN RE LaFredrick WATERS, Relator Original Proceeding on Petition for Writ of Habeas Corpus MEMORANDUM OPINION Relator, LaFredrick Waters, has filed a pro se petition for writ of habeas corpus in this Court. Relator asserts that he is “illegally confined and restrained of his liberty in Harris County jail . . . by virtue of a fugitive warrant issued by New Mexico.” Relator requests that we issue a writ either ordering an evidentiary hearing or granting his release on bond. A court of appeals does not have original jurisdiction over habeas corpus proceedings in criminal matters. See Chavez v. State, 132 S.W.3d 509, 510, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.—Waco 1999, orig. proceeding) (determining that it did not have jurisdiction to grant habeas relief in pending criminal matter); Denby v. State, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding) (stating that jurisdiction is appellate only); cf. Tex. Gov’t Code Ann. § 22.221(d) (Vernon 2004) (providing writ power in civil cases). Texas Code of Criminal Procedure article 11.05 vests power over original habeas corpus proceedings in criminal cases in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge of those courts. Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon 2005). Therefore, we are without jurisdiction to grant the requested relief. Even if we treat the petition before us as a petition for writ of mandamus, we cannot grant the requested relief because we do not have a record showing that relator asked the trial court to perform a nondiscretionary act and that the trial court refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding). Accordingly, we dismiss for want of jurisdiction. PER CURIAM Panel consists of Justices Jennings, Keyes, and Higley. Tex. R. App. P. 47.2(b).