in Re Hoyt Duane Forester ( 2001 )

No. 04-01-00030-CV Ex parte Hoyt Duane Forester

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2000-CR-4249-A

Honorable Bert Richardson, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Alma L. López, Justice

Paul W. Green, Justice

Delivered and Filed: January 31, 2001

PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION

The petitioner, Michael Joseph Kearns, applied to this court for a writ of habeas corpus to command the trial court to release Hoyt Duane Forester from custody. Kearns stated in his petition that he filed a petition in the trial court and that the trial court referred the matter to the magistrate. According to Kearns, the magistrate told him over the telephone that he had no jurisdiction to entertain the petition. The record, however, does not contain an order denying relief in a petition filed in the trial court. As a result, this court has no jurisdiction to act on the petition filed in this cause because the record does not contain an appealable order. The court of appeals has no original habeas jurisdiction. Tex. Code Crim. Proc. Ann. art. 11.05 (Vernon 1977) (courts of appeals not included in list of courts given original habeas corpus jurisdiction); Ex parte Miller, 931 S.W.2d 724, 725 (Tex. App.-Austin 1996, no pet.). Accordingly, Kearns's petition is dismissed for lack of jurisdiction.

Per Curiam

DO NO PUBLISH