in Re Gabriel James Fuentes ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00099-CR
IN RE Gabriel James FUENTES
Original Habeas Proceeding 1
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: March 13, 2019
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
In an opinion dated December 12, 2018, this court affirmed the trial court’s judgment in
relator’s underlying criminal case. Relator has since filed a petition for discretionary review with
the Texas Court of Criminal Appeals. On February 22, 2019, relator filed a pro se petition for writ
of habeas corpus in this court in which he contends he is restrained of his liberty by the court’s
refusal to admit him to bail pending appeal. Relator asks that he be brought before this court and
released on bail, or alternatively, that a hearing be scheduled to hear evidence on bail pending
appeal.
“If the defendant requests bail after a petition for discretionary review has been filed, the
Court of Criminal Appeals shall determine the amount of bail.” TEX. CRIM. PROC. CODE
1
This proceeding arises out of Cause No. 2015CR5272W, styled The State of Texas v. Gabriel James Fuentes, pending
in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori I. Valenzuela presiding.
04-19-00099-CR
§ 44.04(h). Additionally, an intermediate appellate court “does not possess 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.) (mem. op.). Because we have no jurisdiction to grant the relief requested
by relator, we dismiss his petition for writ of habeas corpus.
PER CURIAM
Do not publish
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