Court of Civil Appeals of Texas, 2022

in Re: Joseph Dingler

in Re: Joseph Dingler
Court of Civil Appeals of Texas · Decided June 27, 2022

in Re: Joseph Dingler

Opinion

DISMISSED and Opinion Filed June 27, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00594-CV No. 05-22-00595-CV No. 05-22-00596-CV No. 05-22-00597-CV IN RE JOSEPH DINGLER, Relator Original Proceedings from the County Court at Law No. 2 Rockwall County, Texas Trial Court Cause Nos. CR19-1769, CR19-1770, CR19-1771 & CR19-1772 MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Garcia Joseph Dingler has filed an original petition for writ of habeas corpus contending he is being illegally detained on pending misdemeanor charges in Rockwall County.1 This Court does not have original jurisdiction to consider petitions seeking habeas relief generated in connection with criminal proceedings. See TEX. CODE

In the body of his petition, relator also asks for original habeas relief for a hold Travis County placed on him for a misdemeanor charge in Travis County. Because Travis County lies outside our district, we are without jurisdiction and take no action on relator’s request for relief on the Travis County misdemeanor case. See TEX. GOV’T CODE § 22.201(f); see also TEX. CODE CRIM. PROC. art. 11.09 (requiring article 11.09 habeas application be brought before county judge in county in which misdemeanor is charged).

CRIM. PROC. art. 11.05; TEX. GOV’T CODE § 22.221(d); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per curiam); see also In re Thomas, 05-14-01320-CV, 2014 WL 6546580, at *1 (Tex. App.— Dallas Oct. 23, 2014, orig. proceeding) (mem. op.).

We dismiss for want of jurisdiction relator’s original petition for writ of habeas corpus.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

220594F.P05

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