in Re Edward R. Newsome v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2010
• Docket: 14-10-00339-CR
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed April 22, 2010.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00339-CR

IN RE EDWARD R. NEWSOME, 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 April 15, 2010, relator Edward R. Newsome filed a pleading in this court that we have construed as a petition for writ of habeas corpus.  Relator challenges the sentence in his 1986 conviction for unauthorized use of a motor vehicle, seeking a stay of the sentence and to have bond set.  This court affirmed his conviction in 1988, and the Texas Court of Criminal Appeals refused his petition for discretionary review.  See Newsome v. State, No. C14-87-00048-CR, 1988 WL 26430 (Tex. App.—Houston [14th Dist.] 1988, pet. ref’d) (not designated for publication).

Relator seeks post-conviction habeas relief.  We lack jurisdiction over original habeas corpus actions in criminal law matters.  Our original jurisdiction over habeas corpus petitions is limited to contempt judgments in which a person’s liberty is restrained because of his violation of an order issued by a court in a civil case.  See Tex. Gov’t Code Ann. § 22.221(d) (Vernon 2004).  Only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).

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

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.

Do Not Publish — Tex. R. App. P. 47.2.