In Re D. C. v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00292-CV

In re D. C.

ORIGINAL PROCEEDING FROM BELL COUNTY

MEMORANDUM OPINION

Relator has filed a petition for writ of habeas corpus complaining of ineffective assistance of counsel and lack of knowing and voluntary waiver of the right to a trial preceding her entry into a written plea agreement with the State of Texas, under which she plead true to charges of delinquent conduct and received a determinate sentence of 20 years confinement. Having reviewed the petition and the record provided, 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.

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Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Triana and Theofanis Filed: June 13, 2023