in Re Kevin B. Winslett

• Court: Court of Appeals of Texas
• Decided: February 20, 2003
• Docket: 11-03-00004-CR
• Status: Published

Opinion

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

In re Kevin B. Winslett

No.  11-03-00004-CR B Appeal from Taylor County

This is an appeal pursuant to TEX.R.APP.P. 31 from the trial court=s denial of appellant=s petition for writ of habeas corpus.  We affirm.

On appeal, appellant contends that the evidence at the hearing on his petition failed to show he was the same person named in the Governor=s Warrant.  When appellant placed his identity in issue at the hearing on his petition, the burden shifted to the State to establish that appellant (the person in custody) was the same person named in the Florida extradition papers.  Ex parte Nelson, 594 S.W.2d 67 (Tex.Cr.App.1979); Tarlton v. State, 695 S.W.2d 357 (Tex.App. - Houston [1st Dist.] 1985, no writ); Ex parte Shoels, 643 S.W.2d 761 (Tex.App. - San Antonio 1982, no writ). 

Taylor County Sheriff=s Deputy Brenda Bufkin testified that she was a classification officer and a fugitive coordinator.  Deputy Bufkin stated that appellant was Abooked into jail@ for failure to provided identification, for evading arrest with a vehicle, for unauthorized use of a vehicle, and for being a fugitive from justice in the State of Florida.  At the time of his booking, appellant said that his name was Kevin Bradley Winslett and that his address was 24 Lee Road, No. 421, Opelika, Alabama.  Appellant further stated that he was 5 foot 5 inches and that he weighed 135 pounds.  Prior to the booking, an officer had determined that appellant=s date of birth was December 23, 1971.  Deputy Bufkin testified that all of this information was identical with the information on the Governor=s Warrant except for the weight which was listed as 137 pounds. 

The State sufficiently established that appellant was the person named in the Governor=s Warrant.  The trial court did not abuse its discretion by denying the petition.  The point of error is overruled.

The order of the trial court is affirmed.

PER CURIAM

February 20, 2003

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.