Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00194-CR EX PARTE Gerald Simon GONZALES Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice H. Todd McCray, Justice Delivered and Filed: April 9, 2025 DISMISSED FOR WANT OF JURISDICTION On March 26, 2025, Petitioner, Denise Balbaneda, filed a petition for a writ of habeas corpus on behalf of applicant, Gerald Simon Gonzales. Gonzales was arrested for assault on January 27, 2025 and is currently being detained at the Atascosa County Jail. 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 ANN. § 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 civil case); see also TEX. CODE CRIM. PROC. ANN. art. 11.05 (granting exclusive jurisdiction to consider original petitions for writs of habeas corpus to the court of criminal appeals, the district courts, county courts, and judges sitting on such courts). The

This proceeding arises out of Cause No. 25-02-0145-CVA, styled The State of Texas v. Gerald Simon Gonzales, pending in the 218th Judicial District Court, Atascosa County, Texas, the Honorable Russell Wilson presiding.

04-25-00194-CR

Court’s jurisdiction to consider habeas petitions in criminal matters is appellate only. TEX. GOV’T CODE ANN. § 22.221(d). As such, we lack jurisdiction in this matter. See TEX. GOV’T CODE ANN. § 22.221(d); 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 ANN. § 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.

PER CURIAM DO NOT PUBLISH

-2-