In Re: Barry Eugene Brooks--Appeal from 369th District Court of Cherokee County

Annotate this Case

NO. 12-07-00166-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: BARRY EUGENE BROOKS,

RELATOR ORIGINAL PROCEEDING

 

MEMORANDUM OPINION

PER CURIAM

Barry Eugene Brooks filed an original application for writ of habeas corpus in this court alleging that he is illegally confined by James Campbell, Sheriff of Cherokee County, Texas, after being wrongfully convicted for the unlicensed practice of dentistry. See Tex. Occ. Code Ann. 256.001, 264.151 (Vernon 2004). Texas 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, Brooks s application is dismissed for want of jurisdiction.

Opinion delivered June 6, 2007.

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

(DO NOT PUBLISH)

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