in Re Michael Gene Walker ( 2021 )

Opinion issued August 12, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-21-00159-CR
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EX PARTE MICHAEL GENE WALKER, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator Michael Gene Walker, incarcerated and acting pro se, filed an
application for writ of habeas corpus requesting this Court to “set aside [his]
indictment for failure to afford constitutional right to speedy trial.” We lack
jurisdiction over the application on two separate grounds.1
1
The underlying case is State of Texas v. Michael Gene Walker, Cause Number
1497633, pending in the 177th District Court of Harris County, Texas, the
Honorable Robert Johnson presiding.
A defendant in a criminal law matter is not entitled to hybrid representation.
See Ex parte Bohannan, 350 S.W.3d 116, 116 n.1 (Tex. Crim. App. 2011)
(“Because applicant is represented by counsel, we disregard his numerous pro
se submissions and take no action on them.”). Relator was represented by counsel
in the trial court. Hence, there is nothing presented for our review. Patrick v.
State, 906 S.W.2d 481, 498 (Tex. Crim. App. 1995) (“[A]ppellant is not entitled to
hybrid representation. . . . Hence, nothing is presented for review.”) (citations
omitted).
Separately, we do not have original habeas corpus jurisdiction in felony
cases. See TEX. CONST. art. V, § 6; TEX. CODE CRIM. PROC. art. 11.08 §§ 2, 3;
TEX. GOV’T CODE § 22.221(d); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—
Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356, 356-57 (Tex.
App.—Houston [14th Dist.] 2016, orig. proceeding); cf. TEX. R. APP. P. 31
(pertaining to appellate review of judgment or order in habeas corpus or bail
proceeding). There is no indication relator sought habeas relief from the trial court
before seeking relief in this Court. Unless a written, signed order of the trial court
appears in the record, we lack jurisdiction over this matter. See, e.g., Broussard v.
State, No. 01-10-00458-CR, 2010 WL 4056861, *2 (Tex. App.—Houston [1st
Dist.] Oct. 14, 2010, no pet.) (mem. op., not designated for publication); Wallace v.
State, Nos. 12-01-00353-CR, 12-01-00354-CR, 2002 WL 657396, *1 (Tex.
2
App.—Tyler April 12, 2002, no pet.) (not designated for publication); Lowe v.
State, No. 14-00-01110-CR, 2001 WL 101771, *2 (Tex. App.—Houston [14th
Dist.] Feb. 8, 2001, no pet.) (mem. op., not designated for publication); cf. TEX. R.
APP. P. 34.5(a)(5) (requiring copy of order that is being appealed to appear in
record).
We dismiss relator’s application for lack of jurisdiction. All pending
motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Goodman, Hightower, and Rivas-Molloy.
Do not publish. TEX. R. APP. P. 47.2(b).
3