Ex Parte Herman Brent Brooks v. the State of Texas
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Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-24-00234-CR
EX PARTE HERMAN BRENT BROOKS
ORIGINAL PROCEEDING
July 16, 2024 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Herman Brent Brooks, proceeding pro se, filed a document with this Court
requesting release from the Hockley County Detention Center after his arrest for “burglary
of a building.” We have construed the document as a pretrial application for writ of habeas
corpus.
Intermediate courts of appeals do not have original habeas corpus jurisdiction in
criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d) (limiting original habeas
jurisdiction of intermediate appellate courts to civil cases); Ex parte Hawkins, 885 S.W.2d
586, 588–89 (Tex. App.—El Paso 1994, orig. proceeding) (per curiam). That jurisdiction
instead rests with the Court of Criminal Appeals, the district courts, and the county courts. See TEX. CODE CRIM. PROC. ANN. arts. 11.05, 11.08, 11.09; Ex parte Hawkins, 885 S.W.2d
at 588.
Consequently, we dismiss Brooks’s application for writ of habeas corpus for want
of jurisdiction.
Per Curiam
Do not publish.
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