in Re: Gerald D. McGowan

• Court: Court of Appeals of Texas
• Decided: August 25, 2005
• Docket: 14-05-00806-CV
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed for Lack of Jurisdiction and Memorandum Opinion filed August 25, 2005

Petition for Writ of Habeas Corpus Dismissed for Lack of Jurisdiction and Memorandum Opinion filed August 25, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00806-CV

IN RE GERALD D. McGOWAN, 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 4, 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 amount to $5,000. 

According to his petition, relator did not file an application for writ of habeas corpus in the trial court.  We are unable to consider relator=s petition 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).  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.CHouston [1st Dist.] 1981, orig. proceeding).

Therefore, we dismiss relator=s petition for lack of jurisdiction

PER CURIAM

Petition Dismissed and Memorandum Opinion filed August 25, 2005.

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