Ex Parte Dunn

Court of Criminal Appeals of Texas

Ex Parte Dunn

571 S.W.2d 928, 1978 Tex. Crim. App. LEXIS 1325

CourtCourt of Criminal Appeals of Texas

DecidedOctober 18, 1978

Docket58647

StatusPublished

Cited by8 cases

This text of 571 S.W.2d 928 (Ex Parte Dunn) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Dunn, 571 S.W.2d 928, 1978 Tex. Crim. App. LEXIS 1325 (Tex. 1978).

Pincite

Opinion

OPINION

DALLY, Judge.

This is an Art. 11.07, V.A.C.C.P. post-conviction writ of habeas corpus.

The petitioner was convicted for the felony offense of driving a motor vehicle on a public road while intoxicated; he was granted probation; he did not appeal; probation was subsequently revoked; an appeal from the order of revocation was affirmed. The petitioner now asserts and the trial court has found that the misdemeanor offense of driving a motor vehicle on a public road while intoxicated that was used to raise the subsequent offense to a felony was not a final conviction.

The petitioner did not appeal from the original felony conviction as did the defendant in Clopton v. State, 408 S.W.2d 112 (Tex.Cr.App.1966), which petitioner cites. By failing to appeal and raise this ground the petitioner waived his opportunity to contest the validity of the alleged misdemeanor conviction. This is not a no-evidence case the appellant may not now by habeas corpus proceedings collaterally attack the sufficiency of the evidence supporting his conviction. Ex parte Lyles, 168 Tex.Cr.R. 145, 323 S.W.2d 950 (1959); Ex parte Taylor, 480 S.W.2d 692 (Tex.Cr.App. 1971); Owens v. State, 540 S.W.2d 324 (Tex. Cr.App.1976); Ex parte Ashcraft, 565 S.W.2d 926 (Tex.Cr.App.1978).

The relief sought is denied.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

DALLY, Judge.

This is an Art. 11.07, V.A.C.C.P. post-conviction writ of habeas corpus.

The petitioner was convicted for the felony offense of driving a motor vehicle on a public road while intoxicated; he was granted probation; he did not appeal; probation was subsequently revoked; an appeal from the order of revocation was affirmed. The petitioner now asserts and the trial court has found that the misdemeanor offense of driving a motor vehicle on a public road while intoxicated that was used to raise the subsequent offense to a felony was not a final conviction.

The petitioner did not appeal from the original felony conviction as did the defendant in Clopton v. State, 408 S.W.2d 112 (Tex.Cr.App.1966), which petitioner cites. By failing to appeal and raise this ground the petitioner waived his opportunity to contest the validity of the alleged misdemeanor conviction. This is not a no-evidence case the appellant may not now by habeas corpus proceedings collaterally attack the sufficiency of the evidence supporting his conviction. Ex parte Lyles, 168 Tex.Cr.R. 145, 323 S.W.2d 950 (1959); Ex parte Taylor, 480 S.W.2d 692 (Tex.Cr.App. 1971); Owens v. State, 540 S.W.2d 324 (Tex. Cr.App.1976); Ex parte Ashcraft, 565 S.W.2d 926 (Tex.Cr.App.1978).

The relief sought is denied.

Cite This Page — Counsel Stack

Bluebook (online)

571 S.W.2d 928, 1978 Tex. Crim. App. LEXIS 1325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-dunn-texcrimapp-1978.

Opinion

Related

Cite This Page — Counsel Stack