Ex Parte Maria Velasquez v. the State of Texas ( 2024 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00280-CR
EX PARTE MARIA VELASQUEZ
ORIGINAL PROCEEDING
September 17, 2024
MEMORANDUM OPINION
Before PARKER and DOSS and YARBROUGH, JJ.
Maria Velasquez, proceeding pro se, filed a document with this Court titled, “Writ
of habeus [sic]” and an accompanying statement describing her circumstances. By these
documents, Velasquez argues that she is not guilty and “want[s] to fight this to be
dismissed . . . .” We have construed her filing as an application for writ of habeas corpus.
Intermediate courts of appeals do not have original habeas corpus jurisdiction in
criminal law matters. See TEX. GOV’T CODE ANN. § 22.221(d) (limiting original habeas
jurisdiction of intermediate appellate courts to civil cases); Ex parte Hawkins, 885 S.W.2d
586, 588–89 (Tex. App.—El Paso 1994, orig. proceeding) (per curiam). Such jurisdiction
rests with the Court of Criminal Appeals, the district courts, and the county courts. See
TEX. CODE CRIM. PROC. ANN. arts. 11.05, 11.08, 11.09; Ex parte Hawkins, 885 S.W.2d at
588.
Accordingly, we dismiss Velasquez’s application for writ of habeas corpus for want
of jurisdiction.1
Per Curiam
Do not publish.
1 Velasquez may seek habeas relief by filing an application for writ of habeas corpus with the clerk
of the court in which the conviction being challenged was obtained, returnable to the Court of Criminal
Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07.
2