Opinion
No. 04-14-00231-CR
04-16-2014
EX PARTE Darrick OLIVER
MEMORANDUM OPINION
Original Habeas Corpus Proceeding
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.
PER CURIAM Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
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 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PER CURIAM DO NOT PUBLISH