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Court of Appeals of Texas, Houston (14th Dist.).

IN RE: J.B.H, Relator

NO. 14-17-00657-CV

Decided: August 17, 2017

Panel consists of Justices Christopher, Brown, and Wise.


On August 10, 2017, relator J.B.H filed a petition for writ of habeas corpus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator challenges the juvenile court's order transferring the case to a district court and requests that this court vacate the transfer order, dismiss his conviction, and remand the case to the juvenile court.

The juvenile court waived jurisdiction and transferred relator's case to the district court. In re J.B.H., No. 14-13-00072-CV, 2013 WL 504106, at *1 (Tex. App.—Houston [14th Dist.] Feb. 12, 2013, orig. proceeding) (mem. op.). A jury convicted relator of aggravated sexual assault and, after making a deadly weapon finding, sentenced him to life imprisonment, and this court affirmed the conviction. Hines v. State, 38 S.W.3d 805, 807 (Tex. App.—Houston [14th Dist.] 2001, no pet.). Even though relator seeks relief from an order of the juvenile court, he is actually seeking relief from a final, felony conviction. See J.B.H., 2013 WL 504106, at *1.

The courts of appeals have no original habeas-corpus jurisdiction in criminal matters. In re Ayers, 515 S.W.3d 356, 356 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in the Texas Court of Criminal Appeals, the district courts, the county courts, or a judge in those courts. Tex. Code Crim. Proc. Ann. art. 11.05 (West 2015); Ayers, S.W.3d at 356. Therefore, this court is without jurisdiction to consider relator's petition requesting habeas corpus relief.

Accordingly, we dismiss relator's petition for writ of habeas corpus. We also deny as moot relator's motion for leave to file his petition.


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