in Re Jason Eric Lenderman ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00682-CR
NO. 03-22-00686-CR
In re Jason Eric Lenderman
ORIGINAL PROCEEDING FROM BELL COUNTY
MEMORANDUM OPINION
Appellant Jason Eric Lenderman pleaded guilty on October 17, 2022 to
possession of methamphetamine in an amount of four grams or more but less than 200 grams.
See Tex. Health & Safety Code § 481.115(d). He has not yet been sentenced. He has filed two
applications for writ of habeas corpus contending that he received ineffective assistance of
counsel during the plea proceedings, that his guilty plea was involuntary, that his due process
rights were violated, that the trial court “simply ignored” his motion to suppress, and that
evidence in the case has been “severely tainted.” He asks that we “remove” his guilty plea, order
an evidentiary hearing, and allow him to proceed to trial.
“The Texas Constitution grants courts of appeals original jurisdiction only where
specifically prescribed by law.” Ex parte Braswell, 630 S.W.3d 600, 601 (Tex. App.—Waco
2021, no pet.); see Tex. Const. art. V, § 6. Our original jurisdiction to issue a writ of habeas
corpus is limited to those cases where a person’s liberty is restrained because the person has
violated an order, judgment, or decree entered in a civil case. Tex. Gov’t Code § 22.221(d);
In re Reece, 341 S.W.3d 360, 364 n.3 (Tex. 2011) (orig. proceeding). Consequently, we lack
original habeas corpus jurisdiction in criminal matters. 1 Braswell, 630 S.W.3d at 601–02;
Queen v. State, 212 S.W.3d 619, 623 (Tex. App.—Austin 2006, no pet.); see Chavez v. State,
132 S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.) (“A court of appeals does
not have original habeas corpus jurisdiction in felony cases.”); Dodson v. State, 988 S.W.2d 833,
835 (Tex. App.—San Antonio 1999, no pet.) (“The courts of appeals have no original habeas
corpus jurisdiction in criminal matters; their jurisdiction is appellate only.”).
Accordingly, we dismiss the proceedings for want of jurisdiction. 2
__________________________________________
Edward Smith, Justice
Before Chief Justice Byrne, Justices Triana and Smith
Filed: December 23, 2022
Do Not Publish
1 “Only the Court of Criminal Appeals possesses the authority to grant relief in a post-
conviction habeas corpus proceeding where there is a final felony conviction.” Padieu v. Court
of Appeals of Texas., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig. proceeding)
(quoting Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985); see Tex. Code Crim.
Proc. art. 11.07 § 3 (providing that post-conviction applications for writs of habeas corpus, for
felony cases in which death penalty was not assessed, must be filed in court of original
conviction and made returnable to CCA).
2 In addition, all pending motions are dismissed as moot.
2