Ex Parte Jackie Lee Bibbs ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00040-CR
EX PARTE JACKIE LEE BIBBS
ORIGINAL PROCEEDING ON APPLICATION FOR WRIT OF HABEAS CORPUS
February 15, 2022
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Jackie Lee Bibbs was convicted of capital murder and sentenced to life without
parole. This Court affirmed his conviction and sentence. Bibbs v. State, 371 S.W.3d 564(Tex. App.—Amarillo 2012, pet ref’d). On February 8, 2022, Bibbs, appearing pro se,
filed a “Motion to Vacate Judgment” in this Court challenging his final felony conviction.
We construe the document as an application for writ of habeas corpus and dismiss for
want of jurisdiction.
Intermediate courts of appeals do not have original habeas corpus jurisdiction in
criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d) (limiting original habeas
jurisdiction of intermediate appellate courts to civil cases); Ex parte Hawkins, 885 S.W.2d
586, 588 (Tex. App.—El Paso 1994, orig. proceeding) (per curiam). That jurisdiction
instead rests with the Court of Criminal Appeals, the district courts, and the county courts.
See TEX. CODE CRIM. PROC. ANN. art. 11.05; Ex parte Hawkins, 885 S.W.2d at 588. And,
only the Court of Criminal Appeals has authority to grant post-conviction habeas relief in
felony cases. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a); Ex parte Alexander,
685 S.W.2d 57, 60 (Tex. Crim. App. 1985).
For these reasons, we dismiss Bibbs’ application for writ of habeas corpus for want
of jurisdiction.
Per Curiam
Do not publish.
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