IN RE: TERRY JAMES

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Court of Appeals of Texas, Dallas.

IN RE: TERRY JAMES, Relator

No. 05-17-00050-CV

Decided: January 26, 2017

Before Justices Bridges, Fillmore, and Schenck

MEMORANDUM OPINION

Before the Court is relator's January 17, 2017 petition for writ of habeas corpus in which relator asks the Court to vacate the judgment rendered against him on September 7, 2016 following a jury trial in the City of Dallas municipal court. In the underlying proceeding, relator was convicted of illegal dumping of dry solid waste materials, fined $200.00, and ordered to pay $71.00 in court costs. Relator seeks habeas relief pursuant to article 11.09 of the Texas Code of Criminal Procedure.

The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. TEX. CODE CRIM. PROC. ANN. art. 11.01 (West 2015). A challenge to the validity of a misdemeanor conviction may be raised by writ of habeas corpus in the district court or the county court. Ex parte Crosley, 548 S.W.2d 409 (Tex. Crim. App. 1977); TEX. CONST. art. V, § 8; TEX. CODE CRIM. PROC. ANN. art. 11.09 (West 2015). This Court, however, has only appellate, and not original jurisdiction over such proceedings. Ex parte Jordan, 659 S.W.2d 827, 828 (Tex. Crim. App. 1983) (courts of appeals have appellate jurisdiction over habeas corpus proceedings under article 11.09 of the Texas Code of Criminal Procedure); TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2015) (court of criminal appeals, district courts, and county courts have power to issue and grant writ of habeas corpus); TEX. GOV'T CODE ANN. § 22.221 (West 2004) (limiting power of courts of appeals to grant writs of habeas corpus to cases involving violations of orders in civil cases). As such, we do not have jurisdiction over this original proceeding. See, e.g., In re Williams, 05-16-00418-CV, 2016 WL 2941193, at *1 (Tex. App.—Dallas May 18, 2016, orig. proceeding) (mem. op.) (dismissing proceeding for want of jurisdiction where relator sought vacatur of misdemeanor conviction relator contended was void).

Accordingly, we dismiss relator's January 17, 2017 petition for writ of habeas corpus for want of jurisdiction.

DAVID J. SCHENCK JUSTICE

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