MEMORANDUM OPINION
No. 04-12-00137-CR
EX PARTE Roberto GARCIA
Original Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: March 14, 2012
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On March 2, 2012, relator Roberto Garcia filed an original petition for writ of habeas
corpus in this court. However, as an intermediate court of appeals this court 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). However, in
criminal matters, a court of appeals has no original habeas corpus jurisdiction. Watson v. State,
96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833,
1
This proceeding arises out of Cause No. 2011-CR-2719, styled State of Texas v. Roberto Garcia, pending in the
399th Judicial District Court, Bexar County, Texas, the Honorable Juanita A. Vasquez Gardner presiding.
04-12-00137-CR
835 (Tex. App.—San Antonio 1999, no pet.). In criminal matters, the courts authorized to issue
writs of habeas corpus are the Texas Court of Criminal Appeals, the district courts, and the
county courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2005). Therefore, we dismiss
this petition for writ of habeas for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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