Ex Parte Andres Pena v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 26, 2025
• Docket: 04-25-00108-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00108-CR

EX PARTE Andres PENA, Relator(s)

Original Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Lori I. Valenzuela, Justice Velia J. Meza, Justice

Delivered and Filed: March 26, 2025

PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION

On February 19, 2025, relator filed a petition for writ of habeas corpus. The courts of

appeals have no original habeas-corpus jurisdiction in criminal matters. Dodson v. State, 988

S.W.2d 833, 835 (Tex. App.—San Antonio 1999, no pet.); see TEX. CONST. art. V, § 6 (providing

that courts of appeals “shall have original or appellate jurisdiction, under such restrictions and

regulations as may be prescribed by law”); TEX. GOV’T CODE §

22.221(d) (limiting original habeas corpus jurisdiction of courts of appeals to situations where

relator's liberty is restrained by virtue of order, process, or commitment issued by court or judge

in civil case). Original jurisdiction to grant a writ of habeas corpus in a criminal case is vested in

the Court of Criminal Appeals, the district courts, the county courts, or a judge of those

1 This proceeding arises out of Cause No. 2024CRB000010-L1, styled The State of Texas v. Andres Pena, pending in the County Court, Webb County, Texas, the Honorable Hugo Martinez presiding. 04-25-00108-CR

courts. See TEX. CODE CRIM. PROC. art. 11.05 (vesting “power to issue the writ of habeas corpus”

in “[t]he Court of Criminal Appeals, the District Courts, the County Courts, or any Judge of said

Courts”).

Because we do not have jurisdiction over the issues presented by relator in his petition for

writ of habeas corpus, we dismiss the petition.

DO NO PUBLISH

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