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Ex Parte Matthew Jamal Jackson
Fourth Court of Appeals San Antonio, Texas
MEMORANDUM OPINION No. 04-15-00660-CR
EX PARTE Matthew Jamal JACKSON
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Jason Pulliam, Justice
Delivered and Filed: December 16, 2015
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On October 23, 2015, relator Matthew Jamal Jackson filed a pro se petition for writ of habeas corpus seeking to be admitted to bail pending appeal from his final felony conviction for aggravated robbery. Relator filed a supplemental petition on October 30, 2015.
This court, as an intermediate court of appeals, is not authorized to grant the relief requested. Pursuant to section 22.221(d) of the Texas Government Code, in civil matters, a court of appeals “may 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) (West 2004). In criminal matters, however, an
1 This proceeding arises out of Cause No. 2014CR0148, styled The State of Texas v. Matthew Jamal Jackson, pending in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-15-00660-CR intermediate court of appeals has no original habeas corpus jurisdiction. Chavez v. State, 132 S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.); Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.— San Antonio 1999, no pet.). In criminal matters, the courts authorized to issue writs of habeas corpus are the Texas Court of Criminal Appeals, district courts, and county courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015). Therefore, the original and supplemental petitions for writ of habeas corpus are dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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