Tex. Code of Crim. Proc. Article 11.09
Applicant Accused or Convicted of Misdemeanor


(a)

If the applicant is accused of committing a misdemeanor offense, whether by information, warrant, complaint, arrest, or other means, and has not been convicted of the offense, the applicant or petitioner may apply:

(1)

to the judge of the court in which the information charging the applicant is pending; or

(2)

if an information charging the applicant has not been filed or the judge of the court in which the information is pending is not available:

(A)

to any judge of a county court with criminal jurisdiction in a county to which the writ is returnable; or

(B)

if there is no judge of a county court with criminal jurisdiction available in a county described by Paragraph (A), to any judge of a county court with criminal jurisdiction who presides over a court in any county that adjoins a county described by Paragraph (A).

(b)

After final conviction in any misdemeanor case, the applicant or petitioner may apply to the judge of the court in which the applicant was convicted.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 933 (S.B. 1516), Sec. 5, eff. September 1, 2023.

Source: Article 11.09 — Applicant Accused or Convicted of Misdemeanor, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­11.­htm#11.­09 (accessed Mar. 23, 2024).

11.01
What Writ Is
11.02
To Whom Directed
11.03
Want of Form
11.04
Construction
11.05
By Whom Writ May Be Issued
11.06
Where Writ Is Returnable in Cases Not Involving Felony Conviction
11.07
Procedure After Conviction Without Death Penalty
11.08
Applicant Accused of Felony
11.09
Applicant Accused or Convicted of Misdemeanor
11.10
Proceedings Under the Writ
11.11
Early Hearing
11.12
Who May Present Application
11.13
Applicant and Petitioner
11.14
Application Requirements
11.15
Writ Issued Without Delay
11.16
Writ May Issue Without Application
11.17
Judge May Issue Warrant of Arrest
11.18
May Arrest Detainer
11.19
Proceedings Under the Warrant
11.20
Officer Executing Warrant
11.21
Constructive Custody
11.22
Restraint
11.23
Scope of Writ
11.24
One Committed in Default of Bail
11.25
Person Afflicted with Disease
11.26
Who May Serve Writ
11.27
How Writ May Be Served and Returned
11.28
Return Under Oath
11.29
Must Make Return
11.30
How Return Is Made
11.31
Applicant Brought Before Judge
11.32
Custody Pending Examination
11.33
Court Shall Allow Time
11.34
Disobeying Writ
11.35
Further Penalty for Disobeying Writ
11.36
Applicant May Be Brought Before Court
11.38
When a Prisoner Dies
11.39
Who Shall Represent the State
11.40
Prisoner Discharged
11.41
Where Party Is Indicted for Capital Offense
11.42
If Court Has No Jurisdiction
11.43
Presumption of Innocence
11.44
Action of Court Upon Examination
11.45
Void or Informal
11.46
If Proof Shows Offense
11.47
May Summon Magistrate
11.48
Written Issue Not Necessary
11.49
Order of Argument
11.50
Costs
11.51
Record of Proceedings
11.52
Proceedings Had in Vacation
11.53
Construing the Two Preceding Articles
11.54
Court May Grant Necessary Orders
11.55
Meaning of “Return”
11.56
Effect of Discharge Before Indictment
11.57
Writ After Indictment
11.58
Person Committed for a Capital Offense
11.59
Obtaining Writ a Second Time
11.60
Refusing to Execute Writ
11.61
Refusal to Obey Writ
11.62
Refusal to Give Copy of Process
11.63
Held Under Federal Authority
11.64
Application of Chapter
11.65
Bond for Certain Applicants
11.071
Procedure in Death Penalty Case
11.073
Procedure Related to Certain Scientific Evidence
11.074
Court-appointed Representation Required in Certain Cases
11.0731
Procedures Related to Certain Previously Tested Evidence

Accessed:
Mar. 23, 2024

Art. 11.09’s source at texas​.gov