Ex Parte: Benjamin Blair Brown

Dismiss and Opinion Filed March 5, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00069-CR
EX PARTE BENJAMIN BLAIR BROWN
Original Proceeding from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F20-37096-X
MEMORANDUM OPINION
Before Justices Schenck, Nowell, and Garcia
Opinion by Justice Schenck
Benjamin Blair Brown filed an original application for writ of habeas corpus
in this Court challenging his confinement and asking for his immediate release either
under a “compassionate” release or “PR bond.” We note that relator, acting pro se,
addressed his petition to the Criminal District Court No. 6 but filed it with this Court.
To the extent relator seeks relief from this Court, we do not have jurisdiction to
consider an original application for writ of habeas corpus filed in a criminal
proceeding. See TEX. CODE CRIM. PROC. ANN. art. 11.05; TEX. GOV’T CODE ANN.
§22.221(d); In re Ayers, 515 S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.]
2016, orig. proceeding) (per curiam); see also Ortiz v. State, 299 S.W.3d 930, 932
(Tex. App.—Amarillo 2009, orig. proceeding) (court of appeals does not have
original habeas jurisdiction of bail issues).
Accordingly, we dismiss this original proceeding for want of jurisdiction.
/David J. Schenck/
DAVID J. SCHENCK
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
210069F.U05
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