in Re Adrian D. Curry
in Re Adrian D. Curry
Opinion
Petition for Writ of Mandamus Dismissed and Memorandum Majority and Dissenting Opinions filed January 10, 2023.
In The Fourteenth Court of Appeals NO. 14-22-00870-CR NO. 14-22-00871-CR
IN RE ADRIAN D. CURRY, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 208th District Court Harris County, Texas Trial Court Cause Nos. 1779895 & 179896 MEMORANDUM OPINION On November 28, 2022, relator Adrian D. Curry filed two petitions for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petitions, relator asks this court to compel the Honorable Greg Glass, presiding judge of the 208th District Court of Harris County, to dismiss the charge of assault on a police officer.
The relief relator is seeking from this court is in the form of a habeas corpus.
The courts of appeals have no original habeas corpus jurisdiction in criminal matters.
Tex. Gov’t Code Ann. § 22.221(d); In re Ayers, 515 S.W.3d 356, 356 (Tex. App.— Houston [14th Dist.] 2016, orig. proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal case 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; Ayers, 515 S.W.3d at 356. Therefore, this court is without jurisdiction to consider relator’s request for habeas corpus relief.
Accordingly, we dismiss relator’s petitions for lack of jurisdiction.
PER CURIAM Panel consists of Justices Zimmerer, Spain, and Hassan (Spain, J., dissenting).
Do Not Publish — Tex. R. App. P. 47.2(b).
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