Ex Parte Zaccheuas Albro v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 20, 2023
• Docket: 03-23-00424-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00424-CR

Ex parte Zaccheuas Albro

FROM THE 217TH DISTRICT COURT OF ANGELINA COUNTY NO. 2022-0590, ROBERT KENNETH INSELMANN JR., JUDGE PRESIDING

MEMORANDUM OPINION

Zaccheuas Albro, acting pro se, filed a notice of appeal regarding the denial of his

application for a pretrial writ of habeas corpus by the trial court in Angelina County, Texas.

However, the criminal appellate jurisdiction vested in this Court by the Texas Constitution and

the Code of Criminal Procedure is limited to counties in this Court’s appellate district. See Tex.

Const., art. V, § 6 (providing that courts of appeals “shall have appellate jurisdiction co-

extensive with the limits of their respective districts, which shall extend to all cases of which the

District Courts or County Courts have original or appellate jurisdiction, under such restrictions

and regulations as may be prescribed by law”); Tex. Code Crim. Proc. arts. 4.01 (establishing

criminal jurisdiction in criminal actions in courts of appeals), .03 (providing that courts of

appeals “shall have appellate jurisdiction coextensive with the limits of their respective districts

in all criminal cases except those in which the death penalty has been assessed”). Angelina

County lies outside this Court’s appellate district. Compare Tex. Gov’t Code § 22.201(d)

(listing twenty-four counties in Third Court’s district), with id. § 22.201(m) (including Angelina

County in list of counties in Twelfth Court’s district). Because Angelina County is outside the boundaries of our district, we lack appellate jurisdiction in this matter, and we dismiss this

appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); see also Olivo v. State, 918 S.W.2d

519, 523 (Tex. Crim. App. 1996) (listing section 22.201 of Government Code among examples

of laws that establish jurisdiction of courts of appeals); Rodriguez v. State, 970 S.W.2d 133, 135

(Tex. App.—Amarillo 1998, pet. ref’d) (applying Rule 42.3 in criminal context).

__________________________________________ Thomas J. Baker, Justice

Before Justices Baker, Triana, and Smith

Dismissed for Want of Jurisdiction

Filed: July 20, 2023

Do Not Publish