In Re Andrew Burke v. the State of Texas ( 2023 )

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion filed
June 27, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00403-CR
NO. 14-23-00404-CR
NO. 14-23-00405-CR
NO. 14-23-00406-CR
IN RE ANDREW BURKE, Relator
ORIGINAL PROCEEDING
WRIT OF HABEAS CORPUS
458th District Court
Fort Bend County, Texas
Trial Court Cause Nos. 22-DCR-099866, 21-DCR-097923, 21-DCR-097693 &
23-CCR-231922
MEMORANDUM OPINION
On June 8, 2023, relator Andrew Burke filed a petition for writ of habeas
corpus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P.
52. Relator seeks a pretrial bond reduction or a personal recognizance bond.
The courts of appeal have no original habeas-corpus jurisdiction in criminal
matters. In re Ayers, 515 S.W.3d 956, 956 (Tex. App.—Houston [14th Dist.] 2016,
orig. proceeding) (citing Tex. Gov’t Code Ann. § 22.221(d)). 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.
Id. (citing Tex. Code Crim. Proc. Ann. art 11.05). Therefore, this court does not
have original habeas corpus jurisdiction over a request to reduce bail in a criminal
case. See Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, orig.
proceeding) (holding court of appeals did not have jurisdiction in original
proceeding to consider challenge to denial of bail and dismissing petition for writ of
habeas corpus).
Accordingly, relator’s petition is dismissed for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Christopher and Justices Zimmerer and Poissant.
Do Not Publish — Tex. R. App. P. 47.2(b).
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