in Re Avery Lamarr Ayers , 2016 Tex. App. LEXIS 3863 ( 2016 )

Petition for Writ of Mandamus Dismissed and Opinion filed April 14, 2016.
In The
Fourteenth Court of Appeals
NO. 14-16-00274-CR
IN RE AVERY LAMARR AYERS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
180th District Court
Harris County, Texas
Trial Court Cause No. 1476757
OPINION
On April 5, 2016, relator Avery Lamarr Ayers filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also
Tex. R. App. P. 52. In the petition, relator, who was convicted for forgery of a
financial instrument, claims he is innocent and that he received ineffective
assistance of counsel.
Relator is requesting habeas corpus relief. The courts of appeals have no
original habeas-corpus jurisdiction in criminal matters. Tex. Gov’t Code Ann.
§ 22.221(d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio
1999, no pet.); Ex Parte Denby, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.]
1981, orig. proceeding). 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. Tex. Code Crim. Proc. Ann. art.
11.05 (West 2015); Ex Parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso
1994, orig. proceeding). Therefore, this court is without jurisdiction to consider
relator’s petition requesting habeas corpus relief.
Accordingly, we dismiss relator’s petition for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Frost and Justices Jamison and McCally.
Publish — Tex. R. App. P. 47.2(b).
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