in Re: K. T., a Juvenile

• Court: Court of Appeals of Texas
• Decided: July 16, 2003
• Docket: 12-03-00226-CV
• Status: Published

Opinion

NO. 12-03-00226-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§

IN RE: K. T.,

§ ORIGINAL PROCEEDING

RELATOR

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MEMORANDUM OPINION

Relator K.T. seeks a writ of habeas corpus contending that she was committed to the Texas Youth Commission without allegations and proof of prior offenses as required by Section 54.05 of the Texas Family Code. Therefore, K.T. argues, her commitment is unlawful.

A petition for writ of habeas corpus must include proof that the relator is being restrained. Tex. R. App. P. 52.3(j)(1)(D). Here, Relator alleges that she is illegally restrained, but furnishes no proof of restraint. A petition for writ of habeas corpus, though sworn to, is not proof of the facts stated therein. Ex parte Crawford, 506 S.W.2d 920, 921 (Tex. Civ. App.-Tyler 1974, orig. proceeding). Ordinarily, where a person is restrained by a writ, order or process, a copy of the document authorizing the restraint must be annexed to the petition and must show the action taken by the person executing same. Id. The record before us fails to contain an order of commitment or any other evidence showing that Relator is actually confined or restrained. Therefore, Relator presents no evidence of restraint sufficient to invoke our jurisdiction. See id. Accordingly, Relator's petition for writ of habeas corpus is denied.

JAMES T. WORTHEN

Chief Justice

Opinion delivered July 16, 2003.

Panel consisted of Worthen, C.J. and Griffith, J.

(PUBLISH)