Ex Parte Michael Wayne Bellar Appeal from ... of ... County (memorandum opinion per curiam)
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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-19-00056-CR EX PARTE MICHAEL WAYNE BELLAR OPINION ON ORIGINAL PROCEEDING FOR WRIT OF HABEAS CORPUS February 6, 2019 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PARKER, JJ. Applicant Michael Wayne Bellar, appearing pro se, filed an application for writ of habeas corpus in this court seeking to set aside his felony conviction. This intermediate appellate court lacks original habeas corpus jurisdiction in criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d) (West Supp. 2018) (original habeas corpus jurisdiction of intermediate courts of appeals is limited to civil matters); 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, orig. proceeding) (per curiam)). Instead, such jurisdiction lies with the Court of Criminal Appeals, the district courts, and the county courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015); Watson, 96 S.W.3d at 500. Thus, an application for writ of habeas corpus “must be filed with the clerk of the court in which the conviction being challenged was obtained” and made returnable to the Court of Criminal Appeals. TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3(a), (b) (West 2015). Accordingly, we dismiss Bellar’s application for writ of habeas corpus for want of jurisdiction. Per Curiam Do not publish. 2
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