Ex Parte Robert Edward Dudley ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00630-CR
EX PARTE Robert Edward DUDLEY
Original Habeas Corpus Proceeding 1
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: September 25, 2013
PETITION FOR WRIT OF HABEAS CORPUS DISMISSED FOR LACK OF JURISDICTION
On September 16, 2013 Robert Edward Dudley filed an original pro se petition for writ of
habeas corpus. This court, as an intermediate court of appeals, is not authorized to grant the relief
requested. 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 (Tex. App. — Houston [1st Dist.] 2004, no pet.); Watson v. State, 96 S.W.3d
1
This proceeding arises out of Cause No. 2012CR8670, styled The State of Texas v. Robert Edward Dudley, pending
in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-13-00630-CR
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, the petition for writ of habeas
corpus is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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