in Re Charles Willy Alpine

• Court: Court of Appeals of Texas
• Decided: September 8, 2005
• Docket: 14-05-00841-CV
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed for Lack of Jurisdiction and Memorandum Opinion filed September 8, 2005

Petition for Writ of Habeas Corpus Dismissed for Lack of Jurisdiction and Memorandum Opinion filed September 8, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00841-CV

IN RE CHARLES WILLY ALPINE, Relator

ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

M E M O R A N D U M   O P I N I O N

On August 12, 2005, relator, Charles Willy Alpine, filed a petition for writ of habeas corpus.  See Tex. Gov=t Code Ann. ' 22.221(d) (Vernon Supp. 2000);  see also Tex. R. App. P. 52.  He seeks a dismissal of a misdemeanor information against him for violation of his right to a speedy trial.

We are unable to consider relator=s petition for writ of habeas corpus because our authority to entertain petitions for writ of habeas corpus extends solely to the actions of judges in civil cases.  See Tex. Gov=t Code Ann. ' 22.221(d).  Additionally, a claim that the right to a speedy trial has been violated should be pursued by a motion to quash or motion to dismiss in the trial court.  See Ex parte Garrison, 47 S.W.3d 105, 107 (Tex. App.CWaco 2001, pet. ref=d).  Therefore, we dismiss relator=s petition for lack of jurisdiction. 

PER CURIAM

Petition Dismissed for Lack of Jurisdiction and Memorandum Opinion filed September 8, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.