in Re Aaron J. Schillings

NUMBER 13-20-00401-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG

IN RE AARON J. SHILLINGS On Petition for Writ of Habeas Corpus.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Longoria and Perkes

Memorandum Opinion by Justice Longoria On September 15, 2020, the 36th District Court of Bee County accepted a guilty plea of petitioner Aaron J. Shillings in cause number S-20-3024-CR, and sentenced him to two years in state jail, probated for five years. On September 21, 2020, Shillings filed a “Writt [sic] of Habeas” in this Court, generally alleging prosecutorial misconduct and ineffective assistance of counsel. He further alleged that the trial court judge “refused to allow [him] to withdraw plea, and threatened [him] with contempt of court for trying to tell [the court] he did not agree to plea.”

The courts of appeals do not have original habeas corpus jurisdiction in criminal matters; original jurisdiction is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. TEX. CODE CRIM. PROC. ANN. art. 11.05; In re Ayers, 515 S.W.3d 356, 356 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (per curiam); see also In re Bell, No. 13-18-00424-CR, 2018 WL 3725242, at *1 (Tex. App.— Corpus Christi–Edinburg Aug. 6, 2018, no pet.) (mem. op., not designated for publication). There is no record of Shillings having filed a notice of appeal in the trial court. See TEX. R. APP. P. 26.2, 26.3. Accordingly, we dismiss Shillings’s petition for want of jurisdiction. See In re Ayers, 515 S.W.3d at 357; see also In re Bell, 2018 WL 3725242, at *1.

NORA L. LONGORIA Justice

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed this the 29th day of September, 2020.