Ex Parte Juan Thomas Garza v. the State of Texas
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Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-24-00194-CR
EX PARTE JUAN THOMAS GARZA
ORIGINAL PROCEEDING
June 4, 2024 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.
Juan Thomas Garza, proceeding pro se, filed a document with this Court titled
“Motion for Injunction Relief.” Therein, he requests dismissal of his pending criminal
charges and release from the Lubbock County Detention Center. 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 Garza’s application for writ of habeas corpus for want
of jurisdiction.
Per Curiam
Do not publish.
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