In re Avery Lamarr Ayers Appeal from 185th District Court of Harris County (memorandum opinion per curiam)

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Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed March 24, 2016. In The Fourteenth Court of Appeals NO. 14-16-00171-CR NO. 14-16-00172-CR IN RE AVERY LAMARR AYERS, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS 180th District Court Harris County, Texas Trial Court Cause Nos. 1473223 & 1476757 MEMORANDUM OPINION On March 3, 2016, relator Avery Lamarr Ayers filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to reverse his conviction for forgery of a financial instrument and issue a judgment of acquittal because of alleged ineffective assistance of counsel, a flawed indictment, and suppression of exculpatory and mitigating evidence by the prosecutor. Relator is requesting habeas corpus relief. The courts of appeals have no original habeas corpus jurisdiction in criminal matters. Tex. Gov’t Code Ann. § 22.221(d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); Ex Parte Denby, 627 S.W.2d 435 (Tex. App.—Houston [1st Dist.] 1981, orig. proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art. 11.05 (West 2015); Ex Parte Hawkins, 885 S.W.2d 586, 588 (Tex. App.—El Paso 1994, orig. proceeding). Therefore, this court is without jurisdiction to consider relator’s petition requesting habeas corpus relief. Accordingly, we dismiss relator’s petition for lack of jurisdiction. PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Wise. Do Not Publish — Tex. R. App. P. 47.2(b). 2

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