Section 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. Tex. Code Crim. Proc. § 11.09
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 933,Sec. 5, eff. 9/1/2023.Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.