Opinion
No. 04-14-00174-CR
03-26-2014
EX PARTE Armando SIMON
MEMORANDUM OPINION
Original Habeas Corpus Proceeding
This proceeding arises out of Cause No. 2010CR2132, styled The State of Texas v. Armando Simon, pending in the 290th Judicial District Court, Bexar County, Texas, the Honorable Melisa Skinner presiding.
PER CURIAM Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Luz Elena D. Chapa, Justice
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On March 13, 2014, relator Armando Simon filed a pro se petition for writ of habeas corpus requesting that this court order the Board of Pardons and Paroles, and two of its employees, to release relator from parole.
This court, as an intermediate court of appeals, is not authorized to grant the requested relief. 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.). In criminal matters, the courts authorized to issue writs of habeas corpus are the Texas Court of Criminal Appeals, district courts, and county courts. See TEX. CODE CRIM. PROC. ANN. art. 11.05 (West 2005). Therefore, relator's petition for writ of habeas corpus is dismissed for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH