in Re Anthony Lance Jones ( 2016 )

Opinion issued October 11, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00761-CR
NO. 01-16-00762-CR
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IN RE ANTHONY LANCE JONES, Relator
Original Proceedings on Petitions for Writ of Habeas Corpus1
MEMORANDUM OPINION
Relator, Anthony Lance Jones, proceeding pro se and incarcerated, has filed
a letter-motion requesting relief through an application for writ of habeas corpus in
the underlying proceedings.2 Relator contends that he is “being unlawfully
1
Appellate cause no. 01-16-00761-CR; trial court cause no. 1494533.
Appellate cause no. 01-16-00762-CR; trial court cause no. 1510039.
2
Although relator’s petition does not identify the underlying cause numbers, because
he identifies the trial court as the 232nd District Court, the underlying causes appear
detained/restrained” because of improper time credits on his two one-year county
jail concurrent misdemeanor sentences and ineffective assistance of counsel.
The Texas Government Code provides that a court of appeals “may issue a
writ of habeas corpus when it appears that the restraint of liberty is by virtue of an
order, process, or commitment issued by a court or judge because of the violation of
an order, judgment, or decree previously made, rendered, or entered by the court or
judge in a civil case.” TEX. GOV’T CODE ANN. § 22.221(d) (West Supp. 2016).
Thus, the original jurisdiction of a court of appeals to issue habeas relief is limited
to cases in which the person’s liberty is restrained due to violation of an order,
judgment or decree entered in a civil case. See id. In criminal matters, our habeas
corpus jurisdiction is appellate only, and we do not have original habeas corpus
jurisdiction. See Ex parte Denby, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st
Dist.] 1981, orig. proceeding); see also Dahesh v. State, 51 S.W.3d 300, 302 (Tex.
App.—Houston [14th Dist.] 2000, pet. ref’d) (noting that when appellant challenges
trial court’s denial of habeas relief sought in misdemeanor conviction, appeal is
properly directed to intermediate court of appeals).
to be The State of Texas v. Anthony Lance Jones, Cause Nos. 1494533 and 1510039,
232nd District Court, Harris County, Texas, The Honorable Mary Lou Keel,
presiding. This Court recently dismissed for want of jurisdiction related direct
appeals by relator. See Jones v. State, Nos. 01–16–00608–CR and 01–16–00609–
CR, 2016 WL 5400323, at *1 (Tex. App.—Houston [1st Dist.] Sept. 27, 2016, no
pet. h.) (per curiam) (mem. op., not designated for publication).
2
Original jurisdiction to grant a writ of habeas corpus in a criminal case arising
from a misdemeanor charge is vested in the county judge where the misdemeanor
was committed. See TEX. CODE CRIM. PROC. ANN. art. 11.09 (West Supp. 2016)
(stating that “[i]f a person is confined on a charge of misdemeanor, he may apply to
the county judge of the county in which the misdemeanor is charged to have been
committed. . . .”). Therefore, this Court lacks jurisdiction to consider relator’s
petitions requesting habeas corpus relief.
Accordingly, we dismiss relator’s habeas corpus petitions for want of
jurisdiction.
PER CURIAM
Panel consists of Justices Jennings, Keyes, and Brown.
Do not publish. TEX. R. APP. P. 47.2(b).
3