Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00529-CR IN RE David GARZA Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Adrian A. Spears II, Justice H. Todd McCray, Justice Delivered and Filed: August 27, 2025 PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION Relator filed his petition on August 18, 2025. Although styled as a “petition for writ of mandamus,” the relief sought is that of a petition for writ of habeas corpus. We examine 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).

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,

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.

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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). This 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PER CURIAM DO NOT PUBLISH

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