Ex Parte Michael Mindling ( 2002 )

Ex parte Michael Mindling

WITHDRAWN 7-10-02

IN THE

TENTH COURT OF APPEALS

No. 10-02-166-CR

EX PARTE MICHAEL MINDLING

Original Proceeding

MEMORANDUM OPINION

      Michael Mindling filed an original application for writ of habeas corpus in this Court seeking a reduction of bail. According to the application, the State has filed a motion to adjudicate Mindling’s deferred adjudication status for an unspecified controlled substances offense. The trial court set bail at $75,000. Mindling filed a motion to reduce bail, which the trial court denied.

      “This Court does not have original habeas jurisdiction in criminal law matters.” Ex parte Hearon, 3 S.W.3d 650, 650 (Tex. App.—Waco 1999, no pet.); accord Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); Sanders v. State, 771 S.W.2d 645, 650 (Tex. App.—El Paso 1989, pet. ref’d); cf. Ex parte McCullough, 993 S.W.2d 836 (Tex. App.—Waco 1999, no pet.) (reviewing trial court’s denial of habeas request for reduction of bail). Accordingly, we dismiss Mindling’s habeas application for want of jurisdiction.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Application dismissed for want of jurisdiction

Opinion delivered and filed July 3, 2002

Do not publish

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n style="font-family: 'CG Times', serif">(a) The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(1).

      The Ellisons’ dismissal motion satisfies the requirements of the appellate rules. Appellees have not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against the Ellisons. See id. 42.1(d).

                                                                   PER CURIAM

Before Justice Vance,

      Justice Gray, and

      Justice Hill (Sitting by Assignment)

Appeal dismissed

Opinion delivered and filed August 13, 2003

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