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

Petition for Writ of Habeas Corpus Dismissed and Memorandum Opinion
filed August 3, 2023.
In The
Fourteenth Court of Appeals
NO. 14-23-00516-CR
NO. 14-23-00517-CR
NO. 14-23-00518-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
MEMORANDUM OPINION
On July 21, 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 356, 356–57 (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Do Not Publish — Tex.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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