In Re: John Wayne Armstead--Appeal from 217th District Court of Angelina County
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NO. 12-10-00097-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
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IN RE: JOHN WAYNE ARMSTEAD,
RELATOR
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ORIGINAL PROCEEDING
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MEMORANDUM OPINION
In this original proceeding, Relator John Wayne Armstead seeks a writ of habeas
corpus, alleging that he is illegally confined and restrained in the Angelina County jail.
The original jurisdiction of this court to issue a writ of habeas corpus 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.
See TEX. GOV’T CODE ANN.
§ 22.221(d) (Vernon 2004). Consequently, this court does not have original habeas
corpus jurisdiction in 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.).
Here, Relator’s complaint arises out of a revocation proceeding, which is a
criminal matter.
Therefore, we lack jurisdiction to address the merits of Relator’s
petition. Accordingly, we dismiss Relator’s habeas petition for want of jurisdiction.
BRIAN HOYLE__
Justice
Opinion delivered April 7, 2010.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(DO NOT PUBLISH)
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