in Re Frank Wilkins

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00640-CV

In re Frank Wilkins

ORIGINAL PROCEEDING FROM BELL COUNTY

MEMORANDUM OPINION

Relator Frank Wilkins has filed a petition for writ of habeas corpus complaining of a defective indictment in his underlying criminal proceeding. 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 Wilkins’ application for writ of habeas corpus for want of jurisdiction. See Tex. R. App. P. 52.8(a).

__________________________________________ Chari L. Kelly, Justice Before Chief Justice Byrne, Justices Triana and Kelly

Filed: December 17, 2021