in Re: Jayme Lynn Cantu

Opinion

Denied and Opinion Filed October 2, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01186-CV

IN RE JAYME LYNN CANTU, Relator

Original Proceeding from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-03218-2011

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Whitehill Opinion by Justice Evans Before the Court is relator Jayme Lynn Cantu’s petition for writ of habeas corpus in

which she seeks discharge from confinement. The trial court found relator guilty of both direct

and constructive contempt. It ordered her confined for sixty days for constructive contempt and

for one hundred twenty days for constructive contempt with the sentences to be served

consecutively.

A habeas corpus proceeding is a collateral attack on a judgment of contempt. In re

Johnson, 337 S.W.3d 486, 488 (Tex. App.—Dallas 2011, orig. proceeding). A petition for writ

of habeas corpus does not inquire into the guilt or innocence of the relator, but only determines if

the order of contempt was void. Ex parte Gordon, 584 S.W.2d 686, 688 (Tex. 1979) (orig.

proceeding). A contempt order is void if it is beyond the power of the court to render it or if it

deprives the relator of liberty without due process of law. Ex parte Barnett, 600 S.W.2d 252,

254 (Tex. 1980) (orig. proceeding). Having reviewed the record, we conclude relator has not established that she is entitled to

the relief requested. We deny the petition.

/David W. Evans/ DAVID EVANS JUSTICE

151186F.P05

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