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515 S.W.3d 356

in Re Avery Lamarr Ayers

Court of Appeals of Texas

Decided April 14, 2016

Court of Appeals of Texas · decided 2016-04-14

Cited by 1 later decisions — most recently May 2019

1 state decisions

Relies on Ex Parte Hawkins · Denby v. State · Dodson v. State

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Decided 2016-04-14

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¶1 OPINION

PER CURIAM

¶2 On April 5, 2016, relator Avery Lamarr Ayers filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex.R.App. P. 52. In the petition, relator, who was convicted for forgery of a financial instrument, claims he is innocent and that he received ineffective assistance of counsel.

¶3 Relator is requesting habeas corpus relief. The courts of appeals have no original habeas-corpus jurisdiction in criminal matters. Tex. Gov’t Code Ann. § 22.221(d); Dodson v. State, 988 S.W.2d 833, 835 (Tex.App.-San Antonio 1999, no pet.); Ex Parte Denby, 627 S.W.2d 435 (Tex.App.-Houston [1st Dist.] 1981, 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); Ex Parte Hawkins, 885 S.W.2d 586, 588 (Tex.App.-El Paso 1994, orig. proceeding). Therefore, this court is without ju *357 risdiction to consider relator’s petition requesting habeas corpus relief.

¶4 Accordingly, we dismiss relator’s petition for lack of jurisdiction.

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