Ex Parte Shawn Sanders ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00881-CR
EX PARTE Shawn SANDERS
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: December 23, 2014
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On December 17, 2014, relator Shawn Sanders filed a pro se petition for writ of habeas
corpus in which he seeks relief from an adjudication in the underlying criminal proceeding.
This court, as an intermediate court of appeals, is not authorized to grant habeas corpus
relief. Pursuant to section 22.221(d) of the Texas Government Code, in civil matters, a court of
appeals “may issue a writ of habeas corpus when it appears that the restraint of liberty is by virtue
of an order, process, or commitment issued by a court or judge because of the violation of an order,
judgment, or decree previously made, rendered, or entered by the court or judge in a civil case.”
TEX. GOV’T CODE ANN. § 22.221(d) (West 2004). In criminal matters, however, an intermediate
court of appeals has no original habeas corpus jurisdiction. Chavez v. State, 132 S.W.3d 509, 510
1
This proceeding arises out of Cause No. 2012CR5452, styled The State of Texas v. Shawn L. Sanders, pending in the
227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen Jr. presiding.
04-14-00881-CR
(Tex. App.—Houston [1st Dist.] 2004, no pet.); Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—
Amarillo 2002, pet. ref’d); Dodson v. State, 988 S.W.2d 833, 835 (Tex. App.—San Antonio 1999,
no pet.). In criminal matters, the courts authorized to issue writs of habeas corpus are the Texas
Court of Criminal Appeals, district courts, and county courts. See TEX. CODE CRIM. PROC. ANN.
art. 11.05 (West 2005). Therefore, Sanders’ petition for writ of habeas is dismissed for lack of
jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-