Opinion
No. 04-09-00129-CR
Delivered and Filed: March 11, 2009. DO NOT PUBLISH.
Original Habeas Corpus Proceeding. PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION.
This proceeding arises out of Cause No. 2008-CR-4356, styled State v. Lawrence Woodard, pending in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.
Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
On March 3, 2008, relator Lawrence Woodard filed an original petition for a writ of habeas corpus in this court. Relator seeks to have his case dismissed with prejudice. This court, however, 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) (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 (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.