Ex Parte Herman Brent Brooks v. the State of Texas

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Do not publish.