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Date: 11-23-2022

Case Style:

In re Bobby German Borjas

Case Number: 01-21-00714-CR 01-21-00715-CR 01-21-00716-CR


Panel consists of Chief Justice Radack and Justices Kelly and Landau.


First Court of Appeals Houston, Texas

On appeal from the 208th District Court of Harris County

Plaintiff's Attorney: The Honorable Kim K Ogg
Jessica A. Caird

Defendant's Attorney: Houston, TX - Best Criminal Defense Lawyer Directory

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Houston, Texas – Criminal Defense lawyer represented Relator with asking this court to discharge him from illegal custody or reduce his bail.

The courts of appeal have no original habeas-corpus jurisdiction in criminal
matters. In re Ayers, 515 S.W.3d 956, 956 (Tex. App.—Houston [14th Dist.]
2016, orig. proceeding) (citing TEX. GOV’T CODE § 22.221(d)). 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. Id. (citing TEX. CODE CRIM. PROC. art 11.05). Therefore, this
court does not have original habeas corpus jurisdiction over relator’s complaints.
See Ayers, 515 S.W.3d at 956; Ortiz v. State, 299 S.W.3d 930, 932 (Tex. App.—
Amarillo 2009, orig. proceeding) (holding court of appeals did not have
jurisdiction in original proceeding to consider challenge to denial of bail and
dismissing petition for writ of habeas corpus).

Outcome: Accordingly, relator’s petition is dismissed for lack of jurisdiction.

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