IN RE: Charles Johnathan Chavez (2016)

MEMORANDUM OPINION

Relator, Charles Johnathan Chavez, seeks a writ of mandamus to compel his release from the Harris County Jail.¹ Although Chavez requests mandamus relief, it is the substance of a document, rather than its title, that governs.  See Ex parte Caldwell, 58 S.W.3d 127, 130 (Tex.Crim.App.2000).  Chavez is actually seeking post-conviction habeas relief.  See Ex parte Gordon, 584 S.W.2d 686, 688 (Tex.1979) (purpose of habeas corpus remedy is to ascertain whether relator has been unlawfully imprisoned).

The Texas Government Code provides that a 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.”  Tex. Gov't Code Ann. § 22.221(d) (West 2004).  Thus, the original jurisdiction of a court of appeals to issue habeas relief is limited to cases in which the person's liberty is restrained due to violation of an order, judgment or decree entered in a civil case.  See id.  Courts of appeals do not have original habeas jurisdiction in criminal cases.  See Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.—San Antonio 1999, no pet.);  In re Thomas, No. 01–15–00786–CR, 2015 WL 6081429, at *1 (Tex.App.—Houston [1st Dist.] Oct. 13, 2015, orig. proceeding).  Accordingly, we have no jurisdiction to grant the relief Chavez seeks.

We dismiss the petition for want of jurisdiction.

FOOTNOTES

1.   The underlying case is The State of Texas v. Charles Johnathan Chavez, cause number 2041267, pending in the County Criminal Court at Law No. 9 of Harris County, Texas, the Honorable Analia Wilkerson presiding.

PER CURIAM