in Re Hillary Evans

Opinion issued December 5, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00889-CR
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IN RE HILLARY EVANS, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Hillary Evans, has filed an original petition for writ of habeas corpus,
challenging the trial court’s judgment of conviction.1 We dismiss.
An appellate court has the power to issue writs of habeas corpus only when a
person is restrained of their liberty by virtue of an order or commitment issued by a
1
The underlying case is State of Texas v. Hillary Evans, cause number 85415-CR,
pending in the 23rd District Court of Brazoria County, Texas, the Honorable Ben
Hardin presiding.
court based on the violation of an order or judgment rendered in a civil case. See
TEX. GOV’T CODE § 22.221(d). Because relator seeks a writ of habeas corpus from a
judgment rendered in a criminal case, we lack jurisdiction over this proceeding. See
In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig.
proceeding).
Accordingly, we dismiss for lack of jurisdiction. Any pending motions are
dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Landau and Hightower.
Do not publish. TEX. R. APP. P. 47.2(b).
2