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Ex parte Idrogo

Court of Appeals of Texas
Feb 22, 2012
No. 04-12-00089-CR (Tex. App. Feb. 22, 2012)

Opinion

No. 04-12-00089-CR

02-22-2012

EX PARTE Michael IDROGO


MEMORANDUM OPINION


Original Proceeding

This proceeding arises out of Cause No. 342465, styled State of Texas v. Michael Idrogo, pending in the County Court at Law No. 6, Bexar County, Texas, the Honorable Wayne Christian presiding.

PER CURIAM Sitting: Karen Angelini, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION

On February 9, 2012, relator Michael Idrogo filed an original petition for writ of habeas corpus in this court, and on February 13, 2012 relator filed a supplemental petition. 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, 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 corpus for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH


Summaries of

Ex parte Idrogo

Court of Appeals of Texas
Feb 22, 2012
No. 04-12-00089-CR (Tex. App. Feb. 22, 2012)
Case details for

Ex parte Idrogo

Case Details

Full title:EX PARTE Michael IDROGO

Court:Court of Appeals of Texas

Date published: Feb 22, 2012

Citations

No. 04-12-00089-CR (Tex. App. Feb. 22, 2012)