Opinion issued July 1, 2003

In The

Court of Appeals

For the

First District of Texas

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NO. 01-03-00675-CV

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IN RE JAMES WINDELL BRUNER, APPLICANT

Original Proceeding on Application for Writ of Habeas Corpus

MEMORANDUM OPINION Applicant James Windell Bruner has filed an application for a writ of habeas corpus. The legislature has not authorized the courts of appeals to issue writs of habeas corpus in criminal case. See Tex. Gov't Code Ann. § 22.221(d) (Vernon Supp. 2003). Instead, the legislature has authorized the district courts and the Court of Criminal Appeals to issue writs of habeas corpus in criminal cases. See Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon 1977).

Accordingly, we dismiss Bruner's application for a writ of habeas corpus for want of jurisdiction. The Clerk of this Court is directed to return any filing fee that Bruner may have paid. See Tex. Code Crim. Proc. Ann. art. 11.051 (Vernon Supp. 2003) ("Notwithstanding any other law, a clerk of a court may not require a filing fee from an individual who files an application or petition for a writ of habeas corpus.").

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Alcala.