Opinion
No. 04-03-00895-CV
Delivered and Filed: December 10, 2003.
This proceeding arises out of Cause Nos. 2003-JUV-02054 and 2003-JUV-02055, styled The State of Texas v. L.L., pending in the 289th Judicial District Court, Bexar County, Texas, the Honorable Carmen Kelsey presiding.
Application for Writ of Habeas Corpus Dismissed for Lack of Jurisdiction.
Sitting: ALMA L. LÓPEZ, Chief Justice, SARAH B. DUNCAM, Justice, KAREN ANGELINI, Justice.
MEMORANDUM OPINION
L.L., a juvenile, seeks habeas relief from the trial court's order detaining L.L. despite the recommendation by L.L.'s probation officer that he be continued on electronic monitoring release. This court only has original jurisdiction to issue a writ of habeas corpus when it appears that a person is restrained in his liberty "by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case." Tex. Gov't Code Ann. § 22.221 (Vernon Supp. 2003); see also Tex. Const. art. V, § 6 (courts have such jurisdiction, original and appellate, as may be prescribed by law); In re S.G., 935 S.W.2d 919, 922 n. 1 (Tex. App.-San Antonio 1996, writ dism'd w.o.j.) (noting in appeal from trial court's order denying habeas relief in a juvenile delinquency case that court of appeals would not have original jurisdiction to issue a writ of habeas corpus in those circumstances). Although we do not have original habeas jurisdiction to consider a trial court's detention order, we would have jurisdiction to consider an appeal from a trial court's ruling on the merits of a habeas application challenging a juvenile detention order. See In re S.G., 935 S.W.2d at 923; In re M.C., 915 S.W.2d 118 (Tex. App.-San Antonio 1996, no writ). Because we do not have original jurisdiction to consider L.L.'s application for habeas corpus relief, the application is dismissed for lack of jurisdiction.