In Re: James Draucker v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 22, 2023
• Docket: 05-23-00104-CV
• Status: Published

Opinion

DISMISSED and Opinion Filed March 22, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00104-CV

IN RE JAMES DRAUCKER, Relator

Original Proceeding from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause No. CR18-1954

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Kennedy Opinion by Justice Smith In this original proceeding, James Draucker has filed a petition seeking

original habeas relief from this Court to contest his April 8, 2022 conviction for

driving while intoxicated. Relator has also filed a motion seeking appointment of

counsel.

This Court does not have original jurisdiction to consider petitions seeking

habeas relief generated in connection with criminal proceedings. See TEX. CODE

CRIM. PROC. ANN. art. 11.05; TEX. GOV’T CODE ANN. § 22.221(d); In re Spriggs, 528

S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515

S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per curiam); see also In re Thomas, 05-14-01320-CV, 2014 WL 6546580, at *1 (Tex.

App.—Dallas Oct. 23, 2014, orig. proceeding) (mem. op.).

Accordingly, we deny the motion seeking appointment of counsel, and we

dismiss the petition for want of jurisdiction.

/Craig Smith/ CRAIG SMITH JUSTICE

230104F.P05

–2–