In re John John Nicholson Appeal from 179th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued September 24, 2020 In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00637-CR ——————————— IN RE JOHN JOHN NICHOLSON, Relator Original Proceeding on Petition for Writ of Habeas Corpus MEMORANDUM OPINION Relator, John John Nicholson, has filed a pro se “Application for Writ of Habeas Corpus,” asserting he is “currently being unlawfully held in the Harris County Jail.” Relator is charged with the felony offense of theft in the 179th District Court of Harris County, Texas.1 Relator states in his application that he “is challenging the trial court[’]s denial of his writ of habeas corpus.” In a supporting 1 The underlying case is The State of Texas v. John Nicholson, Cause No. 1666868, pending in the 179th District Court of Harris County, Texas, the Honorable Randy Roll presiding. document, however, he says that “nothing has been done or reply made” in response to his various filings in the trial court. We do not have original habeas corpus jurisdiction in felony cases. See TEX. CONST. art. V, § 6; TEX. CODE CRIM. PROC. art. 11.07 §§ 2, 3; TEX. GOV’T CODE § 22.221(d); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515 S.W.3d 356, 356-57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding); cf. TEX. R. APP. P. 31 (pertaining to appellate review of judgment or order in a habeas corpus or bail proceeding). Further, even if we construe relator’s application as an attempted appeal of an order or orders of the trial court denying an application or applications for a writ of habeas corpus, the record contains no such order. Unless a written, signed order of the trial court appears in the record, we have no jurisdiction over an appeal. See, e.g., Broussard v. State, No. 01-10-00458-CR, 2010 WL 4056861, *2 (Tex. App.—Houston [1st Dist.] Oct. 14, 2010, no pet.) (mem. op., not designated for publication); Wallace v. State, Nos. 12-01-00353-CR, 12-01-00354-CR, 2002 WL 657396, *1 (Tex. App.—Tyler April 12, 2002, no pet.) (not designated for publication); Lowe v. State, No. 14-00-01110-CR, 2001 WL 101771, *2 (Tex. App.—Houston [14th Dist.] Feb. 8, 2001, no pet.) (mem. op., not designated for publication); cf. TEX. R. APP. P. 34.5(a)(5) (requiring copy of order that is being appealed to appear in record). 2 Accordingly, we dismiss the application for lack of jurisdiction. We dismiss all pending motions as moot. PER CURIAM Panel consists of Justices Kelly, Goodman, and Countiss. Do not publish. TEX. R. APP. P. 47.2(b). 3
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