in Re Gerald D. McGowan

Opinion

Opinion issued November 3, 2005

In The

Court of Appeals

For the

First District of Texas

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NO. 01–05–00888–CR

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IN RE GERALD D. McGOWAN, Relator

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ORIGINAL PROCEEDING

WRIT OF HABEAS CORPUS

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MEMORANDUM OPINIONOn September 14, 2005, relator Gerald D. McGowan, who is confined in the Harris County Jail, filed a petition for writ of habeas corpus in this court. See Tex. R. App. P. 52. In his petition, relator sought to have this court order him released from custody, or alternatively, reduce his bond to $5,000.

          Relator has not shown that he filed an application for writ of habeas corpus in the trial court. Our habeas corpus jurisdiction in criminal matters is appellate only, and we may not exercise original jurisdiction. See Ex Parte Denby, 627 S.W.2d 535, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding).

          We dismiss relator’s petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Keyes, and Hanks.