in Re Avery Lamarr Ayers

515 S.W.3d 356, 2016 WL 1533747, 2016 Tex. App. LEXIS 3863

• Court: Court of Appeals of Texas
• Decided: April 14, 2016
• Docket: NO. 14-16-00274-CR
• Status: Published

Opinion

OPINION

PER CURIAM

On April 5, 2016, relator Avery Lamarr Ayers filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex.R.App. P. 52. In the petition, relator, who was convicted for forgery of a financial instrument, claims he is innocent and that he received ineffective assistance of counsel.

Relator is requesting habeas corpus relief. The courts of appeals have no original habeas-corpus jurisdiction in criminal matters. Tex. Gov’t Code Ann. § 22.221(d); Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.-San Antonio 1999, no pet.); Ex Parte Denby, 627 S.W.2d 435 (Tex.App.-Houston [1st Dist.] 1981, orig. proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art. 11.05 (West 2015); Ex Parte Hawkins, 885 S.W.2d 586, 588 (Tex.App.-El Paso 1994, orig. proceeding). Therefore, this court is without ju risdiction to consider relator’s petition requesting habeas corpus relief.

Accordingly, we dismiss relator’s petition for lack of jurisdiction.