Opinion · Texas Court of Appeals, 10th District (Waco)

Ex Parte Hearon

1999 Tex. App. LEXIS 7217

Type
Opinion
Court
Texas Court of Appeals, 10th District (Waco)
Jurisdiction
State
Date
1999-09-29
Topic
general

MEMORANDUM OPINION PER CURIAM. James Hearon filed a pro se application for writ of habeas corpus with this Court asserting that he is unlawfully restrained because of a 1996 misdemeanor charge which remains pending in the court below even though he is currently serving a felony sentence in another case. Hearon states that he filed an identical application with the trial court which has taken no action in the matter. This Court does not have original habeas jurisdiction in criminal law matters. Dodson v.

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MEMORANDUM OPINION

PER CURIAM.

James Hearon filed a pro se application for writ of habeas corpus with this Court asserting that he is unlawfully restrained because of a 1996 misdemeanor charge which remains pending in the court below even though he is currently serving a felony sentence in another case. Hearon states that he filed an identical application with the trial court which has taken no action in the matter.

This Court does not have original habeas jurisdiction in criminal law matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.—San Antonio 1999, no pet.); Sanders v. State, 771 S.W.2d 645, 650 (Tex.App.—El Paso 1989, pet. ref'd). Accordingly, we dismiss Hearon’s habeas application for want of jurisdiction.