Ex Parte Maria Velasquez v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 17, 2024
• Docket: 07-24-00280-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00280-CR

EX PARTE MARIA VELASQUEZ

ORIGINAL PROCEEDING

September 17, 2024 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.

Maria Velasquez, proceeding pro se, filed a document with this Court titled, “Writ

of habeus [sic]” and an accompanying statement describing her circumstances. By these

documents, Velasquez argues that she is not guilty and “want[s] to fight this to be

dismissed . . . .” We have construed her filing as an 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). Such jurisdiction

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.

Accordingly, we dismiss Velasquez’s application for writ of habeas corpus for want

of jurisdiction.1

Per Curiam

Do not publish.

1 Velasquez may seek habeas relief by filing an application for writ of habeas corpus with the clerk

of the court in which the conviction being challenged was obtained, returnable to the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07.