In Re: Stephen August Spradley--Appeal from County Court at Law of Nacogdoches County
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NO. 12-10-00011-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ' IN RE: STEPHEN AUGUST SPRADLEY, RELATOR ' ORIGINAL PROCEEDING ' MEMORANDUM OPINION Stephen August Spradley, Relator, seeks a writ of mandamus requiring the trial court to set bail in his pending misdemeanor revocation proceeding.1 He complains that he filed a motion for bond, which the trial court denied after a hearing, and requests that this court direct the trial court to set a bond amount. Although Relator requests a writ of mandamus, he is, in effect, seeking pretrial habeas relief. Therefore, we construe his petition for writ of mandamus as an application for pretrial writ of habeas corpus. See Ex parte Caldwell, 58 S.W.3d 127, 130 (Tex. Crim. App. 2000) ( [I]t is the substance of the [document] that governs, not the title. ). The Texas Government Code provides as follows: Concurrently with the supreme court, the court of appeals of a court of appeals district in which a person is restrained in his liberty, or a justice of the court of appeals, may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case. Pending the hearing of an application for a writ of habeas corpus, the court of appeals or a justice of the court of appeals may admit to bail a person to whom the writ of habeas corpus may be granted. TEX. GOV T CODE ANN. ยง 22.221(d) (Vernon 2004). Thus, the original jurisdiction of courts of appeals is limited to those cases in which a person s liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case. Id. Consequently, courts of appeals do not have original habeas corpus jurisdiction in 1 The respondent is the Honorable Jack Sinz, Judge of the County Court at Law, Nacogdoches County, Texas. The State of Texas is the real party in interest. criminal matters. Dodson v. State, 988 S.W.2d 833, 835 (Tex. App. San Antonio 1999, no pet.); Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. App. El Paso 1994, no pet.). In such matters, their jurisdiction is appellate only. Dodson, 988 S.W.2d at 835. Because Relator seeks habeas relief in a criminal case by filing an original proceeding, we are without jurisdiction to consider his application. Accordingly, we dismiss Relator s application for want of jurisdiction. BRIAN HOYLE__ Justice Opinion delivered February 26, 2010. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH)
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