In re Gerald D. McGowan--Appeal from 230th District Court of Harris County

Opinion issued July 27, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00603-CR

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IN RE GERALD D. MCGOWAN

Original Proceeding on Petition for Writ of Habeas Corpus

MEMORANDUM OPINION

Applicant, Gerald D. McGowan, has filed a petition for writ of habeas corpus in this Court. He requests that we issue a writ ordering his bond to be reduced. The courts of appeals have no original habeas corpus jurisdiction in criminal matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex. App. San Antonio 1999, no pet.); Ex parte Denby, 627 S.W.2d 435, 435 (Tex. App. Houston [1st Dist.] 1981, orig. proceeding); Tex. Gov t Code Ann. 22.221(d) (Vernon 2005). Therefore, we are without jurisdiction to grant habeas corpus relief.

Even if we were to treat the application as a petition for writ of mandamus, we would still have to deny relief because we do not have a record showing that applicant made any request of the trial court to perform a nondiscretionary act that the trial court refused. See Barnes v. State, 832 S.W.2d 424, 426 (Tex. App. Houston [1st Dist.] 1992, orig. proceeding).

Accordingly, we dismiss for want of jurisdiction.

PER CURIAM

Panel consists of Justices Keyes, Alcala and Bland.