Ex Parte William Daviau ( 2014 )

Opinion issued November 13, 2014
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-14-00757-CR
———————————
EX PARTE WILLIAM DAVIAU, Appellant
On Appeal from the County Criminal Court at Law No. 10
Harris County, Texas
Trial Court Case No. 1981593
MEMORANDUM OPINION
Appellant, William Daviau, appeals from the denial of his application for
writ of habeas corpus. In his application for writ of habeas corpus, appellant
argues that he was wrongfully arrested and remanded to custody for the purpose of
extradition to the State of North Carolina. Appellant challenges his arrest on the
grounds that it “is illegal under the double jeopardy statute.” We affirm.
“The question of whether or not appellant will be placed in double jeopardy
is not properly before us and is an issue that has to be determined by the
demanding state, in this case” North Carolina. Stelbacky v. State, 22 S.W.3d 583,
587 (Tex. App.—Amarillo 2000, no pet.); see Ex parte Gideon, 493 S.W.2d 156,
157 (Tex. Crim. App. 1973) (holding that question of double jeopardy is question
for courts of demanding state and not for courts of asylum state). Because
appellant’s sole issue in his application for writ of habeas corpus presents a
question that may not be addressed by the courts of this state, we conclude that the
trial court did not abuse its discretion by denying his application for writ of habeas
corpus. See Kniatt v. State, 206 S.W.3d 657, 664 (Tex. Crim. App. 2006).
Accordingly, we affirm the judgment of the trial court.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
Do not publish. TEX. R. APP. P. 47.2(b).
2