Opinion issued January 14, 2010

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-10-00021-CR

____________

EX PARTE EVELYN BARBER-MYLONAS , Applicant

Original Proceeding on Application for Writ of Habeas Corpus

MEMORANDUM OPINION

               Applicant, Evelyn Barber-Mylonas, has filed an application for writ of habeas corpus in this Court. She requests that we issue a writ to release her from custody occasioned by her failure to pay four traffic fines.

               The courts of appeals have no 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 Denby, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding); Tex. Gov’t Code Ann. § 22.221(d) (Vernon 2004). Therefore, we are without jurisdiction to grant habeas corpus relief.

               Even if we were to treat the application as a petition for writ of mandamus, we would still have to deny relief because we do not have a record showing that applicant made any request of the trial court to perform a nondiscretionary act that the trial court refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

               Accordingly, we dismiss for want of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Bland.

Do not publish. Tex. R. App. P. 47.2(b).