Ex Parte Richard William Becker v. the State of Texas
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Opinion
Fourth Court of Appeals San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00798-CR
EX PARTE Richard William BECKER
Original Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice Lori Massey Brissette, Justice Velia J. Meza, Justice
Delivered and Filed: December 23, 2025
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On December 11, 2025, applicant filed an original petition for writ of habeas corpus arising
out of a criminal prosecution. We dismiss the petition for a writ of habeas corpus for lack of
jurisdiction.
Intermediate courts of appeal do not have original habeas jurisdiction in criminal law
matters. See TEX. GOV’T CODE § 22.221(d) (original habeas jurisdiction of the courts of appeals is
limited to cases in which a person’s liberty is restrained because they violated an order, judgment,
or decree entered in a civil case); see also TEX. CODE CRIM. PROC. ART. 11.05 (granting exclusive
jurisdiction to consider original petitions for writs of habeas corpus to the court of criminal appeals,
1 This proceeding arises out of Cause No. B19-559, styled State of Texas v. Richard William Becker, pending in the 198th Judicial District Court, Kerr County, Texas, the Honorable M. Patrick Maguire presiding. 04-25-00778-CR
the district courts, county courts, and judges sitting on such courts). The Court’s jurisdiction to
consider habeas petitions in criminal matters is appellate only. TEX. GOV’T CODE § 22.221(d). As
such, we lack jurisdiction in this matter. See Id.; In re Neal, 653 S.W.3d 346, 346 (Tex. App.—
Dallas 2022, orig. proceeding); In re Spriggs, 528 S.W.3d 234, 236 (Tex. App.—Amarillo 2017,
orig. proceeding).
The Court, having considered the petition, the record, and applicable law, concludes that
we lack jurisdiction to issue the requested relief. See TEX. GOV’T CODE § 22.221(d); In re Neal,
653 S.W.3d at 346; In re Spriggs, 528 S.W.3d at 236. Accordingly, we DISMISS this original
proceeding for lack of jurisdiction.
DO NOT PUBLISH
-2-
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