in Re Christopher C. Brantley

• Court: Court of Appeals of Texas
• Decided: May 20, 2013
• Docket: 07-13-00141-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-13-00141-CR

IN RE: CHRISTOPHER C. BRANTLEY

Original Proceeding Arising Out Of Proceedings Before The 140th District Court Of Lubbock County; No. 2013-437,916; Honorable Jim Bob Darnell, Presiding

May 20, 2013

MEMORANDUM OPINION Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Christopher C. Brantley, proceeding pro se, has filed an application for a writ of

habeas corpus. He has been confined in the Lubbock County Jail since December 28,

2012, 1 and asserts he is being restrained in his liberty pending criminal charges. By his

cover letter to the application, he indicates he has also filed this application for habeas

corpus relief in the 140th District Court of Lubbock County. We dismiss this proceeding

for want of jurisdiction.

1 According to the petition, Brantley was tried for possession of a controlled substance with intent to deliver in trial court cause number 2011-433,301. That proceeding “resulted in a busted jury” and he has been re-indicted under cause number 2013-437,916 The Texas Constitution provides that courts of appeals shall “have original or

appellate jurisdiction, under such restrictions and regulations as may be prescribed by

law.” See TEX. CONST. art. V, § 6. Pursuant to this constitutional directive, the

Legislature established the authority of courts of appeals to issue writs. See TEX. GOV’T

CODE ANN. § 22.221 (WEST 2004). This Court may issue a writ of habeas corpus when

it appears that the restraint of liberty is by virtue of an order, process, or commitment

issued by a court or judge because of the violation of an order, judgment, or decree

previously made, rendered, or entered by the court or judge in a civil case. See Id. at §

22.221(d). See also Watson v. State, 96 S.W.3d 497, 500 (Tex.App.—Amarillo 2002,

pet. ref’d). In criminal cases, this Court does not have original habeas corpus

jurisdiction. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (W EST 2005). See also Ex

parte Hawkins, 885 S.W.2d 586, 588 (Tex.App.—El Paso 1994, orig. proceeding).

Consequently, Brantley’s application for writ of habeas corpus is dismissed for

want of jurisdiction.

Patrick A. Pirtle Justice

Do not publish.