In Re Randy Lee Bailey--Appeal from 359th District Court of Montgomery County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00310-CV _________________ IN RE RANDY LEE BAILEY _____________________________________________________________ __ ___ __ Original Proceeding _______________________________________________________________ _____ _ MEMORANDUM OPINION In this original proceeding, Randy Lee Bailey seeks a writ of habeas corpus. Bailey alleged that he is illegally restrained in the Montgomery County Jail because the trial court set excessive bail on an indictment. This Court lacks original habeas corpus jurisdiction in criminal cases. Ex parte Hawkins, 885 S.W.2d 586, 588-89 (Tex. App.--El Paso 1994, orig. proceeding); see also TEX. CODE CRIM. PROC. ANN. art. 11.05 (Vernon 2005); see also TEX. GOV T CODE ANN. § 22.221(d) (Vernon 2004) (Original jurisdiction to issue a writ of habeas corpus in cases in which a person s liberty is restrained because the trial court has found the person has violated an order, judgment, or decree entered in a civil case.). Bailey s complaint arises out of a felony prosecution. Accordingly, we dismiss the petition for writ of habeas corpus for want of jurisdiction. 1 PETITION DISMISSED. PER CURIAM Opinion Delivered August 19, 2010 Before McKeithen, C.J., Gaultney and Horton, JJ. 2

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