in Re: John Wayne Armstead

Opinion

NO. 12-10-00097-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS ' IN RE: JOHN WAYNE ARMSTEAD, RELATOR ' ORIGINAL PROCEEDING

' MEMORANDUM OPINION In this original proceeding, Relator John Wayne Armstead seeks a writ of habeas corpus, alleging that he is illegally confined and restrained in the Angelina County jail. The original jurisdiction of this court to issue a writ of habeas corpus is limited to those cases in which a person’s liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case. See TEX. GOV’T CODE ANN. § 22.221(d) (Vernon 2004). Consequently, this court does not have original habeas corpus jurisdiction in criminal matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, no pet.). Here, Relator’s complaint arises out of a revocation proceeding, which is a criminal matter. Therefore, we lack jurisdiction to address the merits of Relator’s petition. Accordingly, we dismiss Relator’s habeas petition for want of jurisdiction.

BRIAN HOYLE__ Justice Opinion delivered April 7, 2010. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)