in Re: Andrew C. Kyle IV

• Court: Court of Appeals of Texas
• Decided: April 29, 2004
• Docket: 14-04-00271-CV
• Status: Published

Opinion

Writ of Coram Nobis Denied and Memorandum Opinion filed April 29, 2004

Writ of Coram Nobis Denied and Memorandum Opinion filed April 29, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00271-CV

IN RE ANDREW C. KYLE, IV,

ORIGINAL PROCEEDING

WRIT OF CORAM NOBIS

M E M O R A N D U M   O P I N I O N

On March 25, 2004, Andrew C. Kyle, IV filed a request for writ of coram nobis in this court.  See Tex. R. App. P. 52.

The purpose of a writ of coram nobis is to bring before the court that rendered judgment factual matters, which, if known at the time judgment was rendered, would have prevented its rendition.  Ex parte McKenzie, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930); see also, Taylor v. Hustead & Tucker, 257 S.W.2d 232, 235 (Tex. Comm=n App. 1924).  The common law writ of coram nobis is not recognized in this state.  Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952).

The writ of coram nobis is denied.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 29, 2004.

Panel consists of Justices Yates, Anderson, and Hudson.