In Re Amador Pina, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 12, 2025
• Docket: 03-25-00402-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00402-CV

In re Amador Pina, Jr.

FROM THE 159TH DISTRICT COURT OF ANGELINA COUNTY NO. 2022-0678, THE HONORABLE TODD KASSAW, JUDGE PRESIDING

MEMORANDUM OPINION

Relator Amador Pina, Jr., an inmate in the Texas Department of Criminal Justice,

has filed an original application for writ of habeas corpus challenging the stacking of his

sentences in convictions from Angelina County, Texas, in trial court cause number 2022-0678. 1

As an intermediate appellate court, we may issue writs of habeas corpus against a

district judge or county court sitting in our district, or to enforce our jurisdiction. See Tex. Gov’t

Code 22.221. We lack jurisdiction to issue the requested writ against the 159th District Court of

Angelina County because this Court neither has jurisdiction over the district courts of Angelina

County, nor is such a writ necessary to enforce this Court’s appellate jurisdiction. See id.

1 Although Pina gives the cause number 2022-0578, we judicially notice that he was not the defendant in that case. See Tex. R. Evid. 201(b)(2) (authorizing courts to take judicial notice of adjudicative facts from sources whose accuracy cannot reasonably be questioned); Emerson v. State, 880 S.W.2d 759, 765 (Tex. Crim. App. 1994). Rather, from the description in his notice of appeal, we understand him to refer to cause number 2022-0678. See Register of Actions in Cause Number 2022-0678, available at http://public.angelinacounty.net/CaseDetail.aspx?CaseID=1069296 (last accessed June 11, 2025). § 22.221(a), (b)(1); compare id. § 22.201(d) (listing counties in Third Court’s district), with id.

§ 22.201(m) (including Angelina County in list of counties in Twelfth Court of Appeals District).

Furthermore, this Court does not have original habeas-corpus jurisdiction in

criminal cases. See Tex. Const. art. V, § 6 (providing that courts of appeals “shall have original

or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law”);

Tex. Gov’t Code § 22.221(d) (limiting original habeas-corpus jurisdiction of courts of appeals to

situations where relator’s liberty is restrained by virtue of order, process, or commitment issued

by court or judge in civil case); see also Tex. Code Crim. Proc. art. 11.05 (vesting “power to

issue the writ of habeas corpus” in “[t]he Court of Criminal Appeals, the District Courts, the

County Courts, or any Judge of said Courts”). As an intermediate appellate court, our habeas-

corpus jurisdiction in criminal matters is appellate only. See Tex. Gov’t Code § 22.221(d);

see also In re Wilkins, No. 03-20-00381-CV, 2020 WL 5608486, at *1 (Tex. App.—Austin

Sept. 17, 2020, orig. proceeding) (mem. op.).

Accordingly, we dismiss the application for want of jurisdiction.

__________________________________________ Maggie Ellis, Justice

Before Chief Justice Byrne, Justices Kelly and Ellis

Dismissed for Want of Jurisdiction

Filed: June 12, 2025

Do Not Publish