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MEMORANDUM OPINION
No. 04-10-00024-CR
IN RE Geronimo SAENZ
Original Proceeding1
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: February 17, 2010
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On January 13, 2010, relator Geronimo Saenz 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) (Vernon 2004). However, in criminal matters,
a court of appeals has no original habeas corpus jurisdiction. Watson v. State, 96 S.W.3d 497, 500
1
… This proceeding arises out of Cause No. 2009-CR-10251A, styled State of Texas v. Geronimo Saenz,
pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.
04-10-00024-CR
(Tex. App.—Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833, 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 (Vernon 2005). Therefore, we dismiss this petition for writ of habeas
for lack of jurisdiction.
PER CURIAM
Do not publish
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