In re David Garza v. the State of Texas

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.

_____________________________ 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.

_____________________________ Caitlin A. McCamish, Clerk of Court

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.