Eric Greenville v. State

• Court: Court of Appeals of Texas
• Decided: October 27, 2004
• Docket: 09-04-00205-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-04-205 CR

ERIC GREENVILLE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 258th District Court

Polk County, Texas

Trial Cause No. 17435

MEMORANDUM OPINION

Eric Greenville was indicted by a grand jury for felony driving while intoxicated. Greenville filed an application for writ of habeas corpus. The trial court denied the writ. From that order, Greenville brings this appeal. See Tex. Code Crim. Proc. Ann. art. 11.08 (Vernon 1977).

Appellant claims the State is estopped from prosecuting this case on the grounds of double jeopardy. The hearing on the petition suggests the basis for the claim is the ALR hearing regarding the same facts as this case. That proceeding does not implicate double jeopardy rights. See Tharp v. State, 935 S.W.2d 157, 161 (Tex. Crim. App. 1996). See also Reynolds v. State, 4 S.W.3d 13, 20-21 (Tex. Crim. App. 1999).

Appellant appears to raise the issue of entrapment in claiming Officer Noe became a party to the offense and is criminally responsible for appellant's commission of the crime. While appellant may raise that defense to prosecution, it is not a proper ground for habeas corpus relief. See Tex. Pen. Code Ann. §§ 2.03, 8.06 (Vernon 2003). Appellant has an adequate remedy by appeal. See Ex parte McCullough, 966 S.W.2d 529, 531 (Tex. Crim. App. 1998).

The order of the trial court denying the writ of habeas corpus is affirmed.

AFFIRMED.

PER CURIAM

Submitted on October 21, 2004

Opinion Delivered October 27, 2004

Do not publish

Before McKeithen, C.J., Burgess, and Gaultney, JJ.