in Re: Bradrick Jermaine Collins ( 2018 )


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  • Denied and Opinion Filed June 29, 2018.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00711-CR
    IN RE BRADRICK JERMAINE COLLINS, Relator
    Original Proceeding from the County Criminal Court No. 5
    Dallas County, Texas
    Trial Court Cause No. MA-17-18552-F
    MEMORANDUM OPINION
    Before Justices Lang, Myers, and Whitehill
    Opinion by Justice Myers
    In this original proceeding, relator Bradrick Jermaine Collins seeks a post-conviction writ
    of habeas corpus vacating his misdemeanor conviction for driving while intoxicated with a blood
    alcohol concentration of more than 0.15. Relator was assessed a fine and sentenced to 171 days’
    confinement probated and a term of community service and community supervision. Relator’s
    appeal of the conviction is pending in this Court in cause number 05-18-00498-CR, Bradrick
    Jermaine Collins v. State of Texas.
    Habeas corpus is an extraordinary remedy for situations in which there is no other adequate
    remedy at law. Ex parte Cruzata, 
    220 S.W.3d 518
    , 520 (Tex. Crim. App. 2007). An applicant
    may not use the writ of habeas corpus to challenge matters that could have been raised on direct
    appeal. 
    Id.
     Further, an applicant may not file a petition for writ of habeas corpus in a felony or
    misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction
    ordering community supervision “if the applicant could obtain the requested relief by means of an
    appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate Procedure.” TEX. CRIM. PROC.
    CODE ANN. § 11.072(3)(a) (West 2015).
    Relator has an adequate remedy on appeal. Accordingly, we deny relator’s June 20, 2018
    application for writ of habeas corpus.
    /Lana Myers/
    LANA MYERS
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47
    080711F.U05
    –2–
    

Document Info

Docket Number: 05-18-00711-CR

Filed Date: 6/29/2018

Precedential Status: Precedential

Modified Date: 7/4/2018