Court of Civil Appeals of Texas, 2024

Ex Parte Maria Velasquez v. the State of Texas

Ex Parte Maria Velasquez v. the State of Texas
Court of Civil Appeals of Texas · Decided October 22, 2024

Ex Parte Maria Velasquez v. the State of Texas

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo No. 07-24-00305-CR

EX PARTE MARIA VELASQUEZ ORIGINAL PROCEEDING October 22, 2024 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Maria Velasquez, proceeding pro se, filed an application for writ of habeas corpus in this Court seeking relief from the trial court’s order placing her on deferred adjudication community supervision for the offense of aggravated assault with a deadly weapon. See Velasquez v. State, No. 07-23-00385-CR, 2024 Tex. App. LEXIS 4688, at *2 (Tex. App.— Amarillo July 3, 2024, no pet.) (affirming the order of deferred adjudication).

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. art. 11.05; 11.072 (outlining procedures for filing an application for writ of habeas corpus in community supervision cases); Ex parte Hawkins, 885 S.W.2d at 588.

For these reasons, we dismiss Velasquez’s application for writ of habeas corpus for want of jurisdiction.1 Per Curiam Do not publish.

1 Velasquez may be entitled to habeas relief by filing an application for writ of habeas corpus with the clerk of the court in which the community supervision was imposed. See TEX. CODE CRIM. PROC. ANN. art. 11.072.

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