Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00231-CR
EX PARTE Darrick OLIVER
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: April 16, 2014
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On April 4, 2014, relator Darrick Oliver filed a pro se petition for writ of habeas corpus
requesting that this court order the district court to dismiss the charges against him.
This court, as an intermediate court of appeals, is not authorized to grant the relief
requested. Pursuant to section 22.221(d) of the Texas Government Code, in civil matters, a court
of appeals “may issue a writ of habeas corpus when it appears that the restraint of liberty is 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(d) (West 2004). In criminal matters, however, an
intermediate court of appeals has no original habeas corpus jurisdiction. Chavez v. State, 132
1
This proceeding arises out of Cause No. 2012CR1844, styled The State of Texas v. Darrick Oliver, pending in the
399th Judicial District Court, Bexar County, Texas, the Honorable Ray Olivarri presiding.
04-14-00231-CR
S.W.3d 509, 510 (Tex. App.—Houston [1st Dist.] 2004, no pet.); Watson v. State, 96 S.W.3d 497,
500 (Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—
San Antonio 1999, no pet.). The courts authorized to issue writs of habeas corpus in criminal
matters are the Texas Court of Criminal Appeals, district courts, and county courts. See TEX. CODE
CRIM. PROC. ANN. art. 11.05 (West 2005). Therefore, Oliver’s petition for writ of habeas corpus is
dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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