In Re Douglas Watters v. the State of Texas

Opinion

NUMBER 13-24-00409-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

IN RE DOUGLAS WATTERS

ON PETITION FOR WRIT OF HABEAS CORPUS

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Tijerina and Peña Memorandum Opinion by Justice Tijerina1

Relator Douglas Watters has filed an application for writ of habeas corpus seeking bond reduction or release from confinement. According to his application, Watters has been arrested for murder and his bond has been set at $500,000, but he is unable to post bail. He contends that his confinement is illegal and requests that he be released from custody or be allowed bail in a reasonable amount.

Original habeas jurisdiction in criminal proceedings is limited to the Texas Court of Criminal Appeals, the district courts, and the county courts. See TEX. CODE CRIM. PROC.

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not

required to do so. When granting relief, the court must hand down an opinion as in any other case.”); id. R. 47.4 (distinguishing opinions and memorandum opinions).

ANN. art. 11.05; Ex parte Braswell, 630 S.W.3d 600, 601 (Tex. App.—Waco 2021, orig. proceeding); In re Quinata, 538 S.W.3d 120, 120 (Tex. App.—El Paso 2017, orig. proceeding). Therefore, as an intermediate court of appeals, we lack original habeas jurisdiction in criminal matters. See TEX. GOV’T CODE ANN. § 22.221(d); In re Neal, 653 S.W.3d 346, 346 (Tex. App.—Dallas 2022, orig. proceeding); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); see also In re Burke, No. 14-23- 00584-CR, 2023 WL 5368180, at *1 (Tex. App.—Houston [14th Dist.] Aug. 22, 2023, orig. proceeding) (mem. op. per curiam) (not designated for publication) (“Therefore, this court does not have original habeas corpus jurisdiction over a request to reduce bail in a criminal case.”). Instead, our jurisdiction in such matters is appellate in nature. See TEX. GOV’T CODE ANN. § 22.221(d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); Denby v. State, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding) (per curiam).

The Court, having examined and fully considered the application for writ of habeas corpus and the applicable law, is of the opinion that we lack jurisdiction to issue the requested relief. See TEX. GOV’T CODE ANN. § 22.221(d); In re Neal, 653 S.W.3d at 346; In re Spriggs, 528 S.W.3d at 236. Accordingly, we dismiss this original proceeding for lack of jurisdiction.

JAIME TIJERINA

Justice

Do not publish. TEX. R. APP. P. 47.2 (b).

Delivered and filed on the 16th day of August, 2024.