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

CourtCourt of Appeals of Texas
DecidedJune 13, 2023
Docket03-23-00292-CV
StatusPublished

This text of In Re D. C. v. the State of Texas (In Re D. C. v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re D. C. v. the State of Texas, (Tex. Ct. App. 2023).

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. _________________________________________ Darlene Byrne, Chief Justice

Before Chief Justice Byrne, Justices Triana and Theofanis

Filed: June 13, 2023

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Related

In Re Reece
341 S.W.3d 360 (Texas Supreme Court, 2011)
Ex Parte Valle
104 S.W.3d 888 (Court of Criminal Appeals of Texas, 2003)

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