Ex Parte Louis Benjamin Vargas v. the State of Texas

Court of Appeals
Tenth Appellate District of Texas

10-26-00110-CR

Ex Parte Louis Benjamin Vargas, f/k/a
Louis Benjamin Galynsky

On appeal from the
Municipal Court of Garrett, Ellis County, Texas
Judge Chris Macon, presiding
Trial Court Cause No. GP 16596-1

CHIEF JUSTICE JOHNSON delivered the opinion of the Court.

MEMORANDUM OPINION

Appellant, Louis Benjamin Vargas, f/k/a Louis Benjamin Galynsky,

appealed from a denial of a petition for a writ of habeas corpus by the municipal

court judge signed on March 10, 2026. Appellant pled “No Contest” to a

speeding complaint and paid a fine and costs. Rather than filing an appeal to

the county court at law, Appellant filed a notice of appeal with this Court.

As relevant to this appeal, the appeal from a judgment of the municipal

court was required to be filed in the county court at law in Ellis County. See

TEX. GOV’T CODE §30.00014(a). This Court does not have jurisdiction over an

appeal from municipal court. See TEX. GOV'T CODE § 30.00027(a) (providing
that appellate courts have jurisdiction to review a municipal court judgment

only if (1) the fine assessed exceeds $100 and the judgment is affirmed by the

county court; or (2) the sole issue is the constitutionality of the statute or

ordinance on which a conviction is based). Even if the fine paid by Appellant

was more than $100, the judgment has not been affirmed by the county court.

Additionally, the writ is not based on the constitutionality of the statute upon

which he was convicted. Therefore, because this Court does not have

jurisdiction, this appeal is dismissed for want of jurisdiction.

MATT JOHNSON
Chief Justice

OPINION DELIVERED and FILED: April 9, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed
Do not publish
CR25

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