In Re: James Draucker v. the State of Texas

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

2

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

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