In Re Jose Portalatin v. the State of Texas

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-25-00537-CV ___________________________

IN RE JOSE PORTALATIN, Relator

Original Proceeding Criminal District Court No. 2 of Tarrant County, Texas Trial Court No. 1592061, 1562451

Before Kerr, J.; Sudderth, C.J.; and Bassel, J. Per Curiam Memorandum Opinion on Rehearing MEMORANDUM OPINION ON REHEARING

After we issued our October 14, 2025 memorandum opinion denying relator’s

“Original Application for Writ of Habeas Corpus”––filed as an original proceeding

instead of a direct appeal from a trial court order––the State filed a “State’s Motion

for Rehearing.” We deny that motion, but we also withdraw our October 14,

2025 memorandum opinion and substitute the following to clarify the disposition.

The court has considered relator’s “Original Application for Writ of Habeas

Corpus” and is of the opinion that relief should be denied because this court lacks

jurisdiction to grant relief. See Tex. Code Crim. Proc. Ann. art. 11.05; Tex. Gov’t Code

Ann. § 22.221(a), (d). Accordingly, relator’s “Original Application for Writ of Habeas

Corpus” is denied. See Tex. R. App. P. 52.8(a).

Per Curiam

Delivered: October 31, 2025