In Re Bryan Jarett Riepl v. the State of Texas ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00448-CV
In re Bryan Jarett Riepl
ORIGINAL PROCEEDING FROM COMAL COUNTY
MEMORANDUM OPINION
Bryan Jarrett Riepl, proceeding pro se, has filed a petition for writ of error coram
nobis, challenging the legality of his felony conviction for the offense of driving while
intoxicated. 1 The purpose of a writ of error coram nobis is to bring before the court rendering
the judgment matters of fact which, if known at the time the judgment was rendered, would have
prevented its rendition. Ex parte McKenzie, 29 S.W.2d 771, 772 (Tex. Crim. App. 1930). The
Court of Criminal Appeals has long held that this common-law writ has no application in Texas.
See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952); McKenzie, 29 S.W.2d at
772; see also In re Kelley, No. 03-18-00515-CV, 2018 WL 3735975, at *1 (Tex. App.—Austin
Aug. 7, 2018, orig. proceeding) (mem. op.). The habeas corpus procedures set out in article
11.07 of the Code of Criminal Procedure provide the exclusive remedy for felony post-
conviction relief in Texas, and article 11.07 vests complete jurisdiction for granting such relief in
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We note that Riepl’s conviction is not yet final, as this Court recently affirmed his
conviction on appeal, and Riepl filed a petition for discretionary review with the Court of
Criminal Appeals that is currently pending before that court. See Riepl v. State, No. 03-22-
00471-CR, 2023 WL 3727970 (Tex. App.—Austin May 31, 2023, pet. filed) (mem. op., not
designated for publication).
the Texas Court of Criminal Appeals. See Tex. Code Crim. Proc. art. 11.07; Hoang v. State,
872 S.W.2d 694, 697 (Tex. Crim. App. 1993). Accordingly, Riepl’s remedy, if any, lies with
that court.
We dismiss Riepl’s petition for want of jurisdiction.
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Gisela D. Triana, Justice
Before Justices Baker, Triana, and Smith
Filed: August 11, 2023
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