In re Robert K. Boulds Appeal from 176th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued October 29, 2015 In The Court of Appeals For The First District of Texas ———————————— NO. 01-15-00655-CR ——————————— IN RE ROBERT K. BOULDS, Relator Original Proceeding on Application for Writ of Habeas Corpus MEMORANDUM OPINION Relator, Robert K. Boulds, incarcerated and proceeding pro se, has filed an “Out-of-Time Appeal Application for Writ of Habeas Corpus Tex. Code Crim. Proc. Ann. Art. 11.05.”1 Relator requests that we grant an out-of-time-appeal to allow him to proceed on his complaint that he is illegally restrained, contending 1 Relator’s petition identifies the underlying case as Cause No. 996316, The State of Texas v. Robert K. Boulds, in the 176th District Court of Harris County, Texas, the Honorable Stacey W. Bonds, presiding. that the indictment in trial court cause number 996316 is invalid or void. In that cause, a jury convicted relator of aggravated sexual assault of a child and assessed punishment at confinement for fifty years. See Boulds v. State, No. 01-05-00596CR, 2006 WL 2974301 (Tex. App.—Houston [1st Dist.] Oct. 19, 2006, pet. ref’d) (mem. op., not designated for publication) (affirming trial court’s judgment). We dismiss relator’s application for a writ of habeas corpus for want of jurisdiction. This Court does not have original jurisdiction to issue a writ of habeas corpus in a criminal proceeding. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015); TEX. GOV’T CODE ANN. § 22.221 (West 2004); Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref’d) (citing Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, no pet.)); Denby v. State, 627 S.W.2d 435, 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding). The Texas Court of Criminal Appeals has sole jurisdiction to grant post-conviction habeas corpus relief from a final felony conviction. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015); see Padieu v. Ct. App. of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013); Ater v. Eighth Ct. App., 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). 2 Accordingly, we dismiss relator’s application for a writ of habeas corpus for want of jurisdiction. PER CURIAM Panel consists of Justices Keyes, Massengale, and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b). 3
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