Court of Appeals of Texas, 2021

Ex Parte Hector Reyes

Ex Parte Hector Reyes
Court of Appeals of Texas · Decided March 31, 2021
Ex Parte Hector Reyes

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00102-CR

EX PARTE Hector REYES

Original Proceeding 1

PER CURIAM

Sitting: Patricia O. Alvarez, Justice

Beth Watkins, Justice

Lori I. Valenzuela, Justice

Delivered and Filed: March 31, 2021

DISMISSED

Relator has filed a petition for writ of habeas corpus relating to a criminal prosecution. “Our original jurisdiction to issue a writ of habeas corpus is limited to cases in which a person’s liberty is restrained because the person has violated an order, judgment, or decree entered in a civil case.” In re Garrett, No. 04-20-00557-CR, 2020 WL 7753983, at *1 (Tex. App.—San Antonio Dec. 30, 2020, no pet.) (mem. op., not designated for publication). “We do not have original jurisdiction to issue a writ of habeas corpus in criminal matters.” Id. “The only courts authorized to issue writs of habeas corpus in criminal matters are the Texas Court of Criminal Appeals, district courts, and county courts.” Id. Here, relator does not complain of an order, judgment, or decree entered in a civil case. We therefore dismiss relator’s petition for want of jurisdiction.

PER CURIAM

Do Not Publish

1 This proceeding arises out of Cause No. 2019CR3789, styled State of Texas v. Hector Reyes, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Jefferson Moore presiding.

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