In Re David Garza v. the State of Texas

Opinion

Fourth Court of Appeals

San Antonio, Texas

August 27, 2025

No. 04-25-00529-CR

IN RE David GARZA

Original Proceeding 1

ORDER

Sitting: Rebeca C. Martinez, Chief Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

On August 18, 2025, relator filed a petition seeking habeas corpus relief styled as a petition for writ of mandamus. The court looks to the substance of a petition, not how it is styled, to determine its nature. See Brumley v. McDuff, 616 S.W.3d 826, 833 (Tex. 2021); In re Barnes, No. 04-04-00877-CV, 2004 WL 2884205, at *1 (Tex. App. Dec. 15, 2004). This court does not have original habeas jurisdiction over criminal law matters such as this one. See TEX. GOV’T CODE ANN. § 22.221(d). Accordingly, relator’s petition is DISMISSED for lack of jurisdiction.

It is so ORDERED on August 27, 2025.

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Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th of August, 2025.

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Caitlin A. McCamish, Clerk of Court

1 This proceeding arises out of Cause No. 2009CR5735D4, styled The State of Texas v. David Garza, pending in the 406th Judicial District Court, Webb County, Texas, the Honorable Oscar J. Hale, Jr. presiding.