Ex Parte: Gentry S. Leonard

Court of Appeals of Texas·Decided August 22, 2019·No. 05-19-00891-CR·Published

Opinion

DISMISS and Opinion Filed August 22, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00891-CR

EX PARTE GENTRY S. LEONARD

On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. M18-62976-I

MEMORANDUM OPINION Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III Opinion by Chief Justice Burns Gentry S. Leonard filed an original application for writ of habeas corpus in this Court

complaining that he was being “unlawfully and illegally confined” by the trial court. We do not

have jurisdiction to consider an original application for writ of habeas corpus filed in a criminal

proceeding. See TEX. CODE CRIM. PROC. ANN. art. 11.05; TEX. GOV'T CODE ANN. § 22.221(d); In

re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per

curiam).

Accordingly, we dismiss the appeal for want of jurisdiction.

/Robert D. Burns, III/ ROBERT D. BURNS, III Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47.2(b) 190891F.U05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

EX PARTE GENTRY S. LEONARD On Appeal from the Criminal District Court No. 2, Dallas County, Texas No. 05-19-00891-CR Trial Court Cause No. M1862976. Opinion delivered by Chief Justice Burns, Justices Myers and Pedersen, III participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered August 22, 2019

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Related

in Re Avery Lamarr Ayers
515 S.W.3d 356 (Court of Appeals of Texas, 2016)