in Re Christopher Dupuy ( 2015 )

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion
filed November 24, 2015.
In The
Fourteenth Court of Appeals
NO. 14-15-00954-CR
IN RE CHRISTOPHER DUPUY, Relator
ORIGINAL PROCEEDING
WRIT OF HABEAS CORPUS
405TH District Court
Galveston County, Texas
Trial Court Cause No. 15CR1660
MEMORANDUM OPINION
On November 16, 2015, relator Christopher Dupuy filed a petition for writ
of habeas corpus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004);
see also Tex. R. App. P. 52. In the petition, relator asks this court to declare
Section 33.07 of the Texas Penal Code, which makes online impersonation an
offense, unconstitutional, order the underlying case dismissed, and discharge
relator from custody. 1
The courts of appeals have no original habeas corpus jurisdiction in criminal
matters; their jurisdiction is appellate only. Tex. Gov’t Code Ann. § 22.221(d);
Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); Ex
Parte Denby, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.] 1981, orig.
proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal
case is vested in the Texas Court of Criminal Appeals, the district courts, the
county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art. 11.05
(West 2015); Watson v. State, 96 S.W.3d 497, 499 (Tex. App.—Amarillo 2002,
pet. ref’d). Therefore, this court is without jurisdiction to consider relator’s
petition requesting habeas corpus relief.
Accordingly, we dismiss relator’s petition for writ of habeas corpus for lack
of jurisdiction.
PER CURIAM
Panel consists of Justices Boyce, Busby, and Brown.
Do Not Publish — Tex. R. App. P. 47.2(b).
1
See Tex. Penal Code Ann. § 33.07 (West Supp. 2015).
2