In Re: Frederick Perez--Appeal from 7th District Court of Smith County

NO. 12-06-00282-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: FREDERICK PEREZ, ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

Frederick Perez has filed an application for writ of habeas corpus in this Court alleging that he is being confined without bond pending disposition of the State s motion to proceed to final adjudication for the offense of possession of a controlled substance. Perez further alleges that he has requested a hearing on the State s motion within twenty days pursuant to article 42.12, section 21(b) of the Texas Code of Criminal Procedure and has also filed an application for writ of habeas corpus in the trial court. According to Perez, the trial court has not acted on his application. Perez asks this Court to issue a writ of habeas corpus because of the trial court s failure to comply with article 42.12, section 21(b).1

The courts of appeals have no original habeas corpus jurisdiction in criminal matters. Tex. Gov t Code Ann. 22.221(d) (Vernon 2004); In re Adams, No. 12-03-00055-CV, 2003 WL 660850, at *1 (Tex. App. Tyler 2003, orig. proceeding) (not designated for publication); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App. San Antonio 1999, no pet.). Their jurisdiction is appellate

only. Dodson, 988 S.W.2d at 835. Therefore, we are without jurisdiction in this proceeding. Accordingly, Perez s application is dismissed for want of jurisdiction.

SAM GRIFFITH

Justice

Opinion delivered August 16, 2006.

Panel consisted of Worthen, C.J. and Griffith, J.

(PUBLISH)

1 Article 42.12, section 21(b) provides that a defendant may be arrested for violation of any of the conditions of his community supervision. On motion by a defendant who has not been released on bail, the trial court shall cause the defendant to be brought before it for a hearing within twenty days of filing the motion. See Tex. Code Crim. Proc. Ann. art. 42.12 21(b) (Vernon Pamph. Supp. 2006).