in Re Rodolfo Estrada, Jr. ( 2014 )

Opinion issued November 6, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00819-CR
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IN RE RODOLFO ESTRADA, JR., Relator
Original Proceeding on Application for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Rodolfo Estrada, Jr., has filed an “Application for Writ of Habeas
Corpus to Set an Appeal Bond,” contending that, pending his appeal of his
conviction, he is being unlawfully confined and restrained without benefit of bail
and has been denied bail “in abridgement of his constitutional and statutory right of
bail.”1 We dismiss the application for want of jurisdiction.
This Court does not have “original habeas corpus jurisdiction of a bail issue”
in a criminal case. Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo
2009, no pet.) (citing TEX. GOV’T CODE ANN. § 22.221(d) (West 2004) and Ex
parte Enriquez, 2 S.W.3d 362, 363 & n.1 (Tex. App.—Waco 1999, orig.
proceeding) (mem. op.)); see Chavez v. State, 132 S.W.3d 509, 510 (Tex. App.—
Houston [1st Dist.] 2004, no pet.) (citing TEX. GOV’T CODE ANN. § 22.221 (West
2004)) (“A court of appeals does not have original habeas corpus jurisdiction in
felony cases.”). Only the Texas Court of Criminal Appeals has jurisdiction to grant
relief in a post-conviction habeas corpus proceeding when there is a final
conviction in a felony case. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West
Supp. 2014); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117
(Tex. Crim. App. 2013).
Accordingly, we dismiss the application for want of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
Do not publish. TEX. R. APP. P. 47.2(b).
1
The petition identifies the underlying case as Rodolfo Estrada, Jr. v. The State of
Texas, cause no. 1321081, in the 174th District Court of Harris County Texas, the
Honorable Ruben Guerrero presiding.
2