COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            Thomas L. Varkonyi has filed an application for a writ of habeas corpus, seeking release from jail, rescission of the trial court’s bench warrant from his failure to appear, and restoration of his original bond or in the alternative release on his own recognizance. This Court does not have original habeas jurisdiction in criminal matters. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.--Waco 1999, orig. proceeding); 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, orig. proceeding). Therefore, the application for a writ of habeas corpus is dismissed for lack of jurisdiction.

                                                                        RICHARD BARAJAS, Chief Justice

August 18, 2005

Before Barajas, C.J., McClure, and Chew, JJ.

(Do Not Publish)