In Re Bryan Jarett Riepl v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 11, 2023
• Docket: 03-23-00448-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00448-CV

In re Bryan Jarett Riepl

ORIGINAL PROCEEDING FROM COMAL COUNTY

MEMORANDUM OPINION

Bryan Jarrett Riepl, proceeding pro se, has filed a petition for writ of error coram

nobis, challenging the legality of his felony conviction for the offense of driving while

intoxicated. 1 The purpose of a writ of error coram nobis is to bring before the court rendering

the judgment matters of fact which, if known at the time the judgment was rendered, would have

prevented its rendition. Ex parte McKenzie, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930). The

Court of Criminal Appeals has long held that this common-law writ has no application in Texas.

See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952); McKenzie, 29 S.W.2d at

772; see also In re Kelley, No. 03-18-00515-CV, 2018 WL 3735975, at *1 (Tex. App.—Austin

Aug. 7, 2018, orig. proceeding) (mem. op.). The habeas corpus procedures set out in article

11.07 of the Code of Criminal Procedure provide the exclusive remedy for felony post-

conviction relief in Texas, and article 11.07 vests complete jurisdiction for granting such relief in

1 We note that Riepl’s conviction is not yet final, as this Court recently affirmed his conviction on appeal, and Riepl filed a petition for discretionary review with the Court of Criminal Appeals that is currently pending before that court. See Riepl v. State, No. 03-22- 00471-CR, 2023 WL 3727970 (Tex. App.—Austin May 31, 2023, pet. filed) (mem. op., not designated for publication). the Texas Court of Criminal Appeals. See Tex. Code Crim. Proc. art. 11.07; Hoang v. State,

872 S.W.2d 694, 697 (Tex. Crim. App. 1993). Accordingly, Riepl’s remedy, if any, lies with

that court.

We dismiss Riepl’s petition for want of jurisdiction.

__________________________________________ Gisela D. Triana, Justice

Before Justices Baker, Triana, and Smith

Filed: August 11, 2023