In Re: Sebra Proutt v. the State of Texas

Dismiss and Opinion Filed September 5, 2024

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01042-CV

Ex Parte SEBRA PROUTT

On Appeal from the 382nd Judicial District Court
Rockwall County, Texas

MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Garcia
Before the Court is Sebra Proutt’s Amended Original Petition/Application for

Writ of Habeas Corpus. According to the petition, relator was arrested and is

currently detained in the Rockwall County jail. Relator requests that we order her

release from the Rockwall County jail or order her bond reduced.

An appellate court has no original habeas-corpus jurisdiction in criminal

matters. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (writ of habeas corpus may be

issued by the court of criminal appeals, the district courts, the county courts, or any

judge of those courts); In re Ayers, 515 S.W.3d 356 (Tex. App.—Houston [14th

Dist.] 2016, orig. proceeding) (per curiam) (mem. op.); cf. TEX. GOV’T CODE ANN.

§ 22.221(d) (court of appeals may issue writ of habeas corpus when restraint of
liberty is because of the violation of an order in a civil case). A court of appeals has

no original habeas jurisdiction over bail issues. Ortiz v. State, 299 S.W.3d 930, 932

(Tex. App.—Amarillo 2009, no pet.). Therefore, this Court has no jurisdiction to

issue the requested writ of habeas corpus in this case.

We dismiss relator’s Amended Original Petition/Application for Writ of

Habeas Corpus for want of jurisdiction.

241042f.p05 /Dennise Garcia//
DENNISE GARCIA
JUSTICE

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