Ex parte Kephren Thomas Appeal from 441st District Court of Midland County (memorandum opinion per curiam)

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Opinion filed July 21, 2016 In The Eleventh Court of Appeals ___________ No. 11-16-00193-CR ___________ EX PARTE KEPHREN THOMAS Original Proceeding MEMORANDUM OPINION Kephren Thomas has filed in this court an application for writ of habeas corpus in which he asserts that he has been indicted for a felony offense and that he is being illegally restrained by the Sheriff of Midland County. Thomas raises several contentions in his application and requests that we issue a writ of habeas corpus. We dismiss for want of jurisdiction. This court’s authority to exercise original jurisdiction is limited. See TEX. CONST. art. V, §§ 5, 6 (providing that Court of Criminal Appeals has the power to issue writs of habeas corpus and that intermediate courts of appeals only have original jurisdiction as prescribed by law); TEX. GOV’T CODE ANN. § 22.221 (West 2004) (limited writ powers granted to the courts of appeals). An intermediate appellate court “does not possess original habeas corpus jurisdiction of a bail issue” in a criminal case. Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—Amarillo 2009, no pet.); see Ex parte Enriquez, 2 S.W.3d 362, 363 (Tex. App.—Waco 1999, orig. proceeding). We note that the Texas Code of Criminal Procedure provides that a person who is confined after indictment on a felony charge may apply for a writ of habeas corpus in the district court in which he is indicted. TEX. CODE CRIM. PROC. ANN. art. 11.08 (West 2015). Because we have no jurisdiction to issue a writ of habeas corpus in this original proceeding, we must dismiss. This proceeding is dismissed for want of jurisdiction. PER CURIAM July 21, 2016 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Wright, C.J., Willson, J., and Bailey, J. 2

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