in Re: Aerielle Kilgore ( 2020 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
No. 08-20-00223-CR
IN RE: §
§ AN ORIGINAL PROCEEDING
AERIELLE KILGORE,
§ IN HABEAS CORPUS
RELATOR. §
MEMORANDUM OPINION
Aerielle Kilgore, pro se, has filed a petition for a writ of habeas corpus seeking relief from
an incompetency order issued by the Honorable Patrick Garcia, Judge of the 384th District Court.
The petition is denied.
Petitioner’s habeas corpus petition is defective because it is not certified as required by
TEX.R.APP.P. 52.3(j). Further, Petitioner has failed to satisfy her burden of providing this Court
with a record sufficient to establish her right to habeas corpus relief. A party who files a petition
for writ of habeas corpus in a court of appeals is required to include with the petition an appendix
containing a certified or sworn copy of any order complained of and proof that the relator is
restrained. TEX.R.APP.P. 52.3(k)(1)(A), (D). Petitioner has not provided the Court with a certified
or sworn copy of the incompetency order, nor has she identified the specific proceedings, by case
number or otherwise, that occurred in the trial court below that led to the entry of the alleged order.
Accordingly, we deny Relator’s petition for writ of habeas corpus. See In re Serrano, 482
S.W.3d 134, 135 (Tex.App.—El Paso 2015, orig. proceeding).
December 7, 2020
YVONNE T. RODRIGUEZ, Justice
Before Alley, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
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