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Ex Parte Pena

Court of Appeals of Texas, Fourth District, San Antonio
Aug 31, 2011
No. 04-11-00599-CV (Tex. App. Aug. 31, 2011)

Opinion

No. 04-11-00599-CV

Delivered and Filed: August 31, 2011.

Original Habeas Corpus Proceeding.

This proceeding arises out of Cause No. 2003-EM5-00001, in the 37th Judicial District Court, Bexar County, Texas, the Honorable David A. Berchelmann presiding.

Petition for Writ of Habeas Corpus Denied.

Sitting: CATHERINE STONE, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


On August 16, 2011, relator filed a petition for writ of habeas corpus, complaining Sheriff Amadeo Ortiz has failed to give him "good time" credit during his 180 day confinement after being held in contempt for failure to pay child support. However, a relator is not entitled to habeas corpus relief unless he was deprived of his liberty without due process of law, or if we conclude the judgment ordering him confined is void. See In re Alexander, 243 S.W.3d 822, 824 (Tex. App.-San Antonio 2007, orig. proceeding). Relator has failed to meet his burden to show he is entitled to habeas corpus relief. Accordingly, relator's petition for writ of habeas corpus is DENIED.


Summaries of

Ex Parte Pena

Court of Appeals of Texas, Fourth District, San Antonio
Aug 31, 2011
No. 04-11-00599-CV (Tex. App. Aug. 31, 2011)
Case details for

Ex Parte Pena

Case Details

Full title:EX PARTE Roger P. PENA

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 31, 2011

Citations

No. 04-11-00599-CV (Tex. App. Aug. 31, 2011)