In Re Yu Heng Tao v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 15, 2023
• Docket: 14-23-00456-CR
• Status: Published

Opinion

Petition for Writ of Habeas Corpus Dismissed and Memorandum Majority and Concurring Opinions filed August 15, 2023.

In The

Fourteenth Court of Appeals

NO. 14-23-00456-CR

IN RE YU HENG TAO, Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 240th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCR-101104

MEMORANDUM MAJORITY OPINION

On June 29, 2023, relator Yu Heng Tao filed a petition for writ of habeas corpus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator seeks pretrial bond reduction.

The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 956, 956 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). Original jurisdiction to grant an application for a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Id. (citing Tex. Code Crim. Proc. Ann. art. 11.05). Therefore, this court does not have original habeas corpus jurisdiction over a request to reduce bail in a criminal case. See Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, orig. proceeding) (holding court of appeals did not have jurisdiction in original proceeding to consider challenge to denial of bail and dismissing petition for writ of habeas corpus).

Accordingly, relator’s petition is dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Bourliot, and Spain (Spain, J., concurring). Do Not Publish — Tex. R. App. P. 47.2(b).