Opinion
No. 04-09-00653-CV
Delivered and Filed: November 4, 2009.
This proceeding arises out of Cause No. 07-11-18730-CV, in the 38th Judicial District Court, Medina County, Texas, the Honorable Camile DuBose presiding.
Petition for Writ of Coram Nobis Denied.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On October 14, 2009, relator filed an "Original Petition for Writ of Error Coram Nobis." This court has determined that relator is not entitled to the relief sought because the common law writ of coram nobis is not recognized in Texas. See Ex parte Massey, 249 S.W.2d 599, 601 (Tex. Crim. App. 1952). Accordingly, the petition is DENIED. See Tex. R. App. P. 52.8(a).
Additionally, relator filed a "Motion for Leave to File Writ of Error Coram Nobis." No leave is required to file an original petition in this court. Tex. R. App. P. 52. Therefore, relator's motion for leave to file is DENIED as moot.