Michael Hidalgo v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 9, 2024
• Docket: 01-24-00209-CR
• Status: Published

Opinion

Opinion issued April 9, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00209-CR ——————————— MICHAEL HIDALGO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court Harris County, Texas Trial Court Case No. 0549326A

MEMORANDUM OPINION

Appellant Michael Hidalgo appeals from the trial court’s denial of his

original writ of error coram nobis. We dismiss the appeal.

“A petition for writ of coram nobis is a writ of error directed to a court

requesting it to review its own judgment based on alleged errors of fact.” Padilla v. State, No. 13-21-00093-CR, 2021 WL 2371515, at *1 (Tex. App.—Corpus

Christi-Edinburgh June 10, 2021, no pet.) (mem. op., not designated for

publication) (citing to In re Reyes, 195 S.W.3d 127, 127 (Tex. App.—Waco 2005,

orig. proceeding)). The Court of Criminal Appeals has long held that the common

law writ of coram nobis is inapplicable in Texas. See Ex parte Massey, 249

S.W.2d 599, 601 (Tex. Crim. App. 1952); see also In re Parker, No. 03-17-00183-

CV, 2017 WL 1228891, at *1 (Tex. App.—Austin Mar. 31, 2017, orig.

proceeding) (mem. op.).

Accordingly, we dismiss this appeal. See Clark v. State, No. 10-05-00301-

CR, 2005 WL 2100270, at *1 (Tex. App.—Waco Aug. 31, 2005, no pet.) (mem.

op., not designated for publication) (dismissing appeal from denial of writ of

coram nobis). Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Hightower.

Do not publish.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