in Re David Franklin West ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-15-00413-CV
IN RE DAVID FRANKLIN WEST
Original Proceeding
November 17, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Relator David Franklin West, appearing pro se, filed an original proceeding in this
court on October 5, 2015. We were unable to discern the relief sought by relator, and
sought clarification. In response, relator filed additional documents indicating that he
was arrested in Dallam County for possession of marijuana and now is confined in the
Randall County Jail awaiting trial. Because relator requests his immediate release, we
construe his documents as presenting an application for a pretrial writ of habeas corpus.
We will dismiss the proceeding for want of jurisdiction.
An intermediate court of appeals does not have original habeas corpus
jurisdiction in criminal matters. See TEX. GOV’T CODE ANN. § 22.221(d) (West 2004)
(original habeas corpus jurisdiction of intermediate courts of appeals limited to civil
matters); Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref'd)
(citing Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, no pet.)).
Instead, habeas jurisdiction in criminal proceedings rests with the Court of Criminal
Appeals, the district courts, and the county courts. TEX. CODE CRIM. PROC. ANN. art.
11.05 (West 2015); Watson, 96 S.W.3d at 500.
Because relator seeks relief we have no jurisdiction to grant, his application for
writ of habeas corpus is dismissed.
James T. Campbell
Justice
2