Gonner, Michael Todd

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,914-01 EX PARTE MICHAEL TODD GONNER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

IN CAUSE NO. 1128689D FROM THE CRIMINAL

DISTRICT COURT NUMBER ONE OF TARRANT COUNTY

Price, J., filed a concurring statement.

CONCURRING STATEMENT

This is an original application for writ of habeas corpus, alleging that the applicant is being detained illegally pursuant to a contempt order for the failure to make payments to offset the cost of legal services. ⁽¹⁾ However, the Texas Rules of Appellate Procedure mandate that "[a] motion for leave to file must accompany an original petition for writ of habeas corpus[.]" ⁽²⁾ The applicant has filed no such motion with his application. For this reason I agree that the proper course is for the Court to deny the applicant leave to file.

Filed: May 6, 2009

Do Not Publish

1. Tex. Code Crim. Proc. art. 26.05(g).

2. Tex.R.App.P. 72.1.