in Re Adolph Rodriguez ( 2016 )

Opinion issued October 6, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-16-00752-CR
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IN RE ADOLPH RODRIGUEZ, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Adolph T. Rodriguez, has been charged with the felony offense of
continuing sexual abuse of a child and has filed a “Petition for Writ of Habeas
Corpus for Bond Reduction,” contending that he is being unlawfully confined and
restrained and that the required bail is excessive.* Relator seeks issuance of a writ of
*
The underlying case is State of Texas v. Adolph Rodriguez, cause number 147229,
pending in the 177th District Court of Harris County, Texas, the Honorable Ryan
Patrick presiding.
habeas corpus and an order either discharging him from custody or reducing the
amount of the bond.
This Court does not have “original habeas corpus jurisdiction of a bail issue”
in a criminal case. In re Thomas, No. 01–15–00786–CR, 2015 WL 6081429, at *1
(Tex. App.—Houston [1st Dist.] Oct. 13, 2015, orig. proceeding) (mem. op., not
designated for publication); Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—
Amarillo 2009, no pet.) (citing TEX. GOV’T CODE § 22.221(d)); see also Ex parte
Barnes, No. 03–13–00429–CV, 2013 WL 3723333, at *1 (Tex. App.—Austin July
12, 2013, orig. proceeding) (mem. op., not designated for publication) (dismissing
for want of jurisdiction application for writ of habeas corpus seeking release or
reduction in appeal bond when relator was convicted of felony offense of aggravated
assault). In criminal matters, our habeas corpus jurisdiction is appellate only, and we
do not have original habeas corpus jurisdiction. See Thomas, 2015 WL 6081429, at
*1; Ashorn v. State, 77 S.W.3d 405, 409 (Tex. App.—Houston [1st Dist.] 2002, pet.
ref’d); Ex parte Denby, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981,
orig. proceeding); see also Chavez v. State, 132 S.W.3d 509, 510
(Tex. App.—Houston [1st Dist.] 2004, no pet.).
Accordingly, we dismiss the petition for want of jurisdiction.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Lloyd.
Do not publish. TEX. R. APP. P. 47.2(b).