Andre A. Jones v. State

• Court: Court of Appeals of Texas
• Decided: May 27, 2004
• Docket: 01-04-00130-CR
• Status: Published

Opinion

Opinion issued May 27, 2004

In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00130-CR

EX PARTE ANDRE A. JONES, Relator

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Original Proceeding on Petition for Writ of Habeas Corpus

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MEMORANDUM OPINION

               Relator Andre A. Jones filed a petition for writ of habeas corpus in this Court. He requests that we direct prison authorities to transfer him to the Harris County jail from the unit of the Texas Department of Criminal Justice—Institutional Division where he is presently incarcerated. We deny the petition.

               The courts of appeals have no original habeas corpus jurisdiction in criminal matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); Ex parte Denby, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding); Tex. Gov’t Code Ann. § 22.221 (Vernon Supp. 2004). Therefore, we are without jurisdiction to grant habeas corpus relief.

               If relator is appealing the trial court’s denial of habeas corpus relief, he has the burden of providing this Court with a sufficient record to show that the trial court erred. In the absence of a complete record, an appellate court is not in a position to overrule the trial court. Ex parte Gutierrez, 987 S.W.2d 227, 230 (Tex. App.—Austin 1999, pet. ref’d).

               Accordingly, we dismiss the petition for want of jurisdiction.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish. Tex. R. App. P. 47.2(b).