Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed January 4, 2024.

In The Fourteenth Court of Appeals NO. 14-23-00703-CR

IN RE ANDREW BURKE, Relator

ORIGINAL PROCEEDING WRIT OF HABEAS CORPUS 458th District Court Fort Bend County, Texas Trial Court Cause No. 22-DCR-099866 MEMORANDUM OPINION On September 22, 2023, relator Andrew Burke filed a petition for writ of habeas corpus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. Relator seeks a new trial.1

Relator’s direct appeal of the underlying conviction is pending before this Court in No. 23- 00712-CR.

The courts of appeal have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.]

2016, orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). 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. Id. (citing Tex. Code Crim. Proc. Ann. art 11.05).

Accordingly, relator’s petition is dismissed for lack of jurisdiction.

PER CURIAM Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.

Do Not Publish — Tex. R. App. P. 47.2(b).