In Re: James Draucker v. the State of Texas ( 2023 )

DISMISSED and Opinion Filed March 22, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00104-CV
IN RE JAMES DRAUCKER, Relator
Original Proceeding from the County Court at Law No. 1
Rockwall County, Texas
Trial Court Cause No. CR18-1954
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Kennedy
Opinion by Justice Smith
In this original proceeding, James Draucker has filed a petition seeking
original habeas relief from this Court to contest his April 8, 2022 conviction for
driving while intoxicated. Relator has also filed a motion seeking appointment of
counsel.
This Court does not have original jurisdiction to consider petitions seeking
habeas relief generated in connection with criminal proceedings. See TEX. CODE
CRIM. PROC. ANN. art. 11.05; TEX. GOV’T CODE ANN. § 22.221(d); In re Spriggs, 528
S.W.3d 234, 236 (Tex. App.—Amarillo 2017, orig. proceeding); In re Ayers, 515
S.W.3d 356, 356–57 (Tex. App.—Houston [14th Dist.] 2016, orig. proceeding) (per
curiam); see also In re Thomas, 05-14-01320-CV, 2014 WL 6546580, at *1 (Tex.
App.—Dallas Oct. 23, 2014, orig. proceeding) (mem. op.).
Accordingly, we deny the motion seeking appointment of counsel, and we
dismiss the petition for want of jurisdiction.
/Craig Smith/
CRAIG SMITH
JUSTICE
230104F.P05
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