Court of Appeals of Texas, 2021

in Re Jesse Govea Jr.

in Re Jesse Govea Jr.
Court of Appeals of Texas · Decided December 17, 2021
in Re Jesse Govea Jr.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00612-CV

In re Jesse Govea Jr.

ORIGINAL PROCEEDING FROM HAYS COUNTY

MEMORANDUM OPINION

Relator Jesse Govea Jr. has filed a petition for writ of habeas corpus challenging his pre-trial confinement as unlawful under Texas Code of Criminal Procedure art. 17.151, § 1.1 This Court has no original habeas corpus jurisdiction in criminal law matters; our original jurisdiction to entertain applications for writ of habeas corpus extends solely to the actions of judges in civil cases. See Tex. Gov't Code § 22.221(d). Our habeas corpus jurisdiction in criminal matters is appellate only. In re Hall, No. 03-17-00778-CV, 2017 WL 5985541, at *1 (Tex. App.—Austin Nov. 30, 2017, orig. proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Court of Criminal Appeals, the district courts, the county courts, or a judge of those courts. Tex. Code Crim. Proc. art. 11.05; see also In re Hall, 2017 WL 5985541, at *1.

Accordingly, we dismiss Govea’s application for writ of habeas corpus for want of jurisdiction. See Tex. R. App. P. 52.8(a).

1 Relator also presented a motion for leave to file his petition for writ of habeas corpus. Leave is not required in original proceedings in the court of appeals, but only in the Court of Chari L. Kelly, Justice Before Chief Justice Byrne, Justices Triana and Kelly Filed: December 17, 2021 Criminal Appeals. See Tex. R. App. P. 52 Notes and Comments; 72.1. Relator's motion for leave to file is dismissed as moot.

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