in Re Eric Glen Chachere ( 2006 )

Opinion issued June 29, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00408-CR

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IN RE ERIC GLEN CHACHERE, Applicant

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Original Proceeding on Petition for Writ of Habeas Corpus

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MEMORANDUM OPINION  

Applicant, Eric Glen Chachere, filed a pro se application for writ of habeas corpus in this Court. He requests that we issue a writ ordering the judge of the 183rd District Court in cause number 1010521 to reduce his bond to $5,000. The courts of appeals have no original habeas corpus jurisdiction in criminal matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.--San Antonio 1999, no pet.); Ex parte Denby, 627 S.W.2d 435, 435 (Tex. App.--Houston [1st Dist.] 1981, orig. proceeding); Tex. Gov't Code Ann. § 22.221(d) (Vernon 2005). Therefore, we are without jurisdiction to grant habeas corpus relief.

Even if we were to treat the application as a petition for writ of mandamus, we would still have to deny relief because we do not have a record showing that applicant made any request of the trial court to perform a nondiscretionary act that the trial court refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding).

Accordingly, we dismiss for want of jurisdiction.

PER CURIAM

Panel consists of Justices Keyes, Alcala and Bland.