Ex Parte Derrick Gonzales

• Court: Court of Appeals of Texas
• Decided: June 13, 2013
• Docket: 14-13-00484-CR
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed June 13, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00484-CR

EX PARTE DERRICK GONZALES, Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS County Criminal Court at Law No. 8 Harris County, Texas Trial Court Cause No. 188577

MEMORANDUM OPINION Relator Derrick Gonzales filed a petition for writ of habeas corpus in this court. See Tex. R. App. P. 52. In the petition, relator seeks a discharge of criminal charges against him due to the State’s alleged delay, pursuant to Texas Code of Criminal Procedure article 28.061. See Tex. Code Crim. Proc. art. 28.061 (providing for discharge of offense when a speedy trial is denied).

This court has no original habeas corpus jurisdiction in criminal law matters. See Tex. Gov’t Code Ann. § 22.221(d); Ex Parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding). Our habeas corpus jurisdiction in criminal matters is appellate only. See Ex Parte Denby, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding). 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 Ann. § 22.221(d). Original jurisdiction to grant an application for habeas corpus relief in a criminal case rests instead with the Court of Criminal Appeals, the district courts, the county courts, or any judge of said courts. Tex. Code Crim. Proc. art. 11.05.

We are without jurisdiction to consider relator’s petition. Accordingly, we order the petition dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Frost and Donovan. Do Not Publish — Tex. R. App. P. 47.2(b).