in Re: Michael G. Peters ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§ No. 08-15-00203-CR
IN RE MICHAEL GEOFFREY
PETERS, § ORIGINAL PROCEEDING
RELATOR. § ON WRIT OF HABEAS CORPUS
§
MEMORANDUM OPINION
Relator, Michael Geoffrey Peters, has filed a petition for writ of habeas corpus because
he has been incarcerated following his conviction of retaliation in the 418th District Court of
Montgomery County, Texas. Relator’s appeal of that criminal conviction is currently pending
before the Beaumont Court of Appeals in cause number 09-15-00166-CR, styled Michael
Geoffrey Peters v. State of Texas. We dismiss the habeas corpus petition for lack of jurisdiction.
Relator’s petition for writ of habeas corpus is related exclusively to his criminal
prosecution and conviction of retaliation. As an intermediate court of appeals, we do not have
original jurisdiction over petitions for habeas corpus relief in connection with criminal
proceedings. See TEX.GOV’T CODE ANN. § 22.221(d)(West 2004)(habeas corpus jurisdiction of
intermediate courts of appeals limited to civil matters); Ex parte Hawkins, 885 S.W.2d 586, 587-
88 (Tex.App.--El Paso 1994, orig. proceeding). That jurisdiction rests instead with the Court of
Criminal Appeals, the district courts, and the county courts. TEX.CODE CRIM.PROC.ANN. art.
11.05 (West 2015); Ex parte Hawkins, 885 S.W.2d at 587-88. Accordingly, Relator’s petition
for writ of habeas corpus is dismissed for want of jurisdiction.
July 15, 2015
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Do Not Publish)
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