In Re: Sebra Proutt v. the State of Texas
In Re: Sebra Proutt v. the State of Texas
Opinion
Dismiss and Opinion Filed September 5, 2024
In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01042-CV Ex Parte SEBRA PROUTT On Appeal from the 382nd Judicial District Court Rockwall County, Texas MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Garcia Before the Court is Sebra Proutt’s Amended Original Petition/Application for Writ of Habeas Corpus. According to the petition, relator was arrested and is currently detained in the Rockwall County jail. Relator requests that we order her release from the Rockwall County jail or order her bond reduced.
An appellate court has no original habeas-corpus jurisdiction in criminal matters. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (writ of habeas corpus may be issued by the court of criminal appeals, the district courts, the county courts, or any judge of those courts); In re Ayers, 515 S.W.3d 356 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per curiam) (mem. op.); cf. TEX. GOV’T CODE ANN. § 22.221(d) (court of appeals may issue writ of habeas corpus when restraint of liberty is because of the violation of an order in a civil case). A court of appeals has no original habeas jurisdiction over bail issues. Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, no pet.). Therefore, this Court has no jurisdiction to issue the requested writ of habeas corpus in this case.
We dismiss relator’s Amended Original Petition/Application for Writ of Habeas Corpus for want of jurisdiction.
241042f.p05 /Dennise Garcia// DENNISE GARCIA JUSTICE
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