CourtListener 9578511•Ex Parte Freddie Gonzales v. the State of Texas
Ex Parte Freddie Gonzales v. the State of Texas
CourtListener 9578511Txctapp713 giu 2024
Testo completo
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00193-CR
EX PARTE FREDDIE GONZALES
ORIGINAL PROCEEDING
June 13, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Freddie Gonzales, proceeding pro se, filed a document with this Court asserting
that he is being restrained in the Lubbock County Detention Center, awaiting trial for
pending criminal charges, in violation of his constitutional and civil rights. We have
construed the document as requesting pretrial habeas relief.
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 Gonzales application for writ of habeas corpus for want
of jurisdiction. 1
Per Curiam
Do not publish.
1 In the document, Gonzales also claims he has been wrongly denied substitution of appointed
counsel. To the extent, Gonzales seeks mandamus relief, we note that his filing fails to meet the
requirements of a petition for writ of mandamus as, inter alia, he does not provide a mandamus record.
See TEX. R. APP. P. 52.3 (delineating the required form and contents for a petition for writ of mandamus),
52.7 (requiring relator to file a certified or sworn copy of every document material to the claim for relief that
was filed in the underlying proceeding). Without a mandamus record, we cannot determine whether
mandamus relief is warranted. See In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig.
proceeding) (per curiam) (“Mandamus is an extraordinary remedy granted only when the relator shows that
the trial court abused its discretion and that no adequate appellate remedy exists.”).
2
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