NO. 07-11-00096-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MARCH 25, 2011
EX PARTE RODOLFO M. CASTILLO
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
On March 1, 2011, Rodolfo M. Castillo, acting pro se, filed an application for writ
of habeas corpus as an original proceeding in this Court. See Tex. R. App. P. 52
(original proceedings). His basic contention in the application is that his retained
counsel entered a “no contest” plea to an assault by contact charge in 2008 without his
consent. Castillo contends entrance of the plea caused revocation of his parole and his
return to incarceration.
Because we doubted our authority to consider Castillo’s application, we provided
him the opportunity to demonstrate our jurisdiction. He has submitted a response, filed
March 14. We have reviewed his application and his March 14 filing.
This Court’s jurisdiction over original proceedings is limited to that granted us by
the Constitution and laws of our state. Tex. Const., art. V, § 6 (courts of appeals shall
“have such other jurisdiction, original and appellate, as may be prescribed by law”). Our
authority to issue writs of habeas corpus is limited to those for persons restrained in our
court of appeals district by virtue of a court order in a civil case. Tex. Gov't Code §
22.221(d) (West 2010). We have no original habeas corpus jurisdiction in criminal
matters. Watson v. State, 96 S.W.3d 497, 500 (Tex.App.—Amarillo 2002, pet. ref’d); Ex
parte Hearon, 3 S.W.3d 650, 650 (Tex.App.—Waco 1999, orig. proceeding); Ex parte
Layton, 928 S.W.2d 781 (Tex.App.--Amarillo 1996, orig. proceeding); see Tex. Code
Crim. Proc. Ann. art. 4.03 (West 2009) (criminal jurisdiction of courts of appeals); cf.
Tex. Code Crim. Proc. Ann. arts. 4.04 (West 2009) (jurisdiction of court of criminal
appeals); 11.05 (habeas corpus jurisdiction) (West 2010). Our habeas corpus
jurisdiction in criminal matters is appellate only. Dodson v. State, 988 S.W.2d 833, 835
(Tex.App.—San Antonio 1999, no pet.).
The restraint on his liberty Castillo describes in his application arises from
criminal proceedings. Accordingly, we have no jurisdiction to consider it. The
application is dismissed.
James T. Campbell
Justice
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