In Re: Charles Douglas Land--Appeal from 102nd District Court of Bowie County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00050-CR ______________________________ IN RE: CHARLES DOUGLAS LAND Original Habeas Proceeding Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Charles Douglas Land has filed an original application seeking issuance of a writ of habeas corpus. He currently has a direct appeal pending in this Court from the conviction which resulted in his incarceration. Individuals who are confined unlawfully in Texas may seek habeas relief pre-trial, or a postconviction collateral attack from courts as specified by legislative fiat. See TEX . CODE CRIM . PROC. ANN . art. 11.07 (Vernon Supp. 2008), arts. 11.08, 11.09 (Vernon 2005). This meets neither criteria, but was brought as an original proceeding with this Court. Texas courts of appeals do not have original jurisdiction over applications for habeas relief in connection with criminal proceedings. See Queen v. State, 212 S.W.3d 619, 623 (Tex. App. Austin 2006, no pet.); Ex parte Martinez, 175 S.W.3d 510, 512 13 (Tex. App. Texarkana 2005, orig. proceeding); Ashorn v. State, 77 S.W.3d 405, 409 (Tex. App. Houston [1st Dist.] 2002, pet. ref'd); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App. El Paso 1994, orig. proceeding); Ex parte Lewis, 663 S.W.2d 153, 154 (Tex. App. Amarillo 1983, orig. proceeding);1 Sara Rodriguez, Appellate Review of Pretrial Requests for Habeas Corpus Relief in Texas, 32 TEX . TECH L. REV . 45 (2000). 1 We do, however, have limited jurisdiction to hear habeas proceedings when the person is restrained as a result of violating an order, judgment, or decree in a civil case. TEX . GOV 'T CODE ANN . § 22.221(d) (Vernon 2004). 2 We have no jurisdiction to consider this application. We, therefore, dismiss the application for want of jurisdiction. Bailey C. Moseley Justice Date Submitted: Date Decided: February 25, 2009 February 26, 2009 Do Not Publish 3

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