Ex Parte Troy Eugene Wigley v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 29, 2023
• Docket: 03-23-00317-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00317-CV

Ex parte Troy Eugene Wigley

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator has filed a petition for writ of habeas corpus complaining of a variety

of issues with his conviction and confinement. As a preliminary matter, we note a number of

procedural anomalies with the petition, including, for example, that the caption and style

throughout appear to be addressed to the district court, and that we have not been provided

with a record. We treat the petition as addressed to this Court, and we dismiss the petition for

want of jurisdiction. See Tex. R. App. P. 52.8(a). Although we have appellate jurisdiction

to review a trial court’s order denying habeas relief, see Ex parte Valle, 104 S.W.3d 888, 890

(Tex. Crim. App. 2003), we do not have original jurisdiction in habeas cases except in very

narrow circumstances not implicated here. See Tex. Gov’t Code Ann. § 22.221(d); see also

In re Reece, 341 S.W.3d 360, 364 n.3 (Tex. 2011) (orig. proceeding); In re J.M.W.,

No. 12-17-00043-CV, 2017 WL 513056, at *1 (Tex. App.—Tyler Feb. 8, 2017, orig.

proceeding) (mem. op.). Accordingly, the petition is dismissed. __________________________________________ Rosa Theofanis, Justice

Before Chief Justice Byrne, Justices Triana and Theofanis

Filed: June 29, 2023