Ex Parte Herman Brent Brooks v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-24-00234-CR

EX PARTE HERMAN BRENT BROOKS

ORIGINAL PROCEEDING

July 16, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Herman Brent Brooks, proceeding pro se, filed a document with this Court

requesting release from the Hockley County Detention Center after his arrest for “burglary

of a building.” We have construed the document as a pretrial 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). That jurisdiction

instead 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.

Consequently, we dismiss Brooks’s application for writ of habeas corpus for want

of jurisdiction.

Per Curiam

Do not publish.

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