Ex Parte Richard William Becker v. the State of Texas

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00798-CR EX PARTE Richard William BECKER Original Proceeding 1 PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Lori Massey Brissette, Justice Velia J. Meza, Justice Delivered and Filed: December 23, 2025 PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION On December 11, 2025, applicant filed an original petition for writ of habeas corpus arising out of a criminal prosecution. 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 § 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 a civil case); see also TEX. CODE CRIM. PROC. ART. 11.05 (granting exclusive jurisdiction to consider original petitions for writs of habeas corpus to the court of criminal appeals,

This proceeding arises out of Cause No. B19-559, styled State of Texas v. Richard William Becker, pending in the 198th Judicial District Court, Kerr County, Texas, the Honorable M. Patrick Maguire presiding.

04-25-00778-CR the district courts, county courts, and judges sitting on such courts). The Court’s jurisdiction to consider habeas petitions in criminal matters is appellate only. TEX. GOV’T CODE § 22.221(d). As such, we lack jurisdiction in this matter. See Id.; 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 § 22.221(d); In re Neal, 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PER CURIAM DO NOT PUBLISH

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