Opinion
No. 05-06-01132-CR
Opinion issued November 8, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause No. WX05-60050-N.
Affirmed.
Before Justices MORRIS, WHITTINGTON, and RICHTER.
MEMORANDUM OPINION
In this case, Hilton Williams filed an application for writ of habeas corpus challenging his extradition to Louisiana. The application was referred to a magistrate, who conducted a hearing on the application. The Governor's warrant and attached documents were admitted into evidence at the hearing. The magistrate's findings and recommendations that relief be denied were adopted by the trial court in an order denying appellant habeas corpus relief.
In his sole point of error, appellant complains the trial court erred in adopting the findings and recommendations because the record indicates the trial court failed to review the exhibits from the extradition proceedings before adopting the magistrate's actions. The State responds that appellant has not met his burden of showing the record affirmatively demonstrates the trial court did not review the record before adopting the magistrate's findings and recommendations. We agree with the State. The trial court's order states the judge reviewed the magistrate's findings, recommendations, and the evidence. The documents supporting extradition were made part of the record. The trial court's order carries a presumption of regularity. See Breazeale v. State, 683 S.W.2d 446, 450-51 (Tex.Crim.App. 1985). Appellant presents nothing to rebut the presumption of regularity. See Johnson v. State, 72 S.W.3d 346, 349 (Tex.Crim.App. 2002). We overrule appellant's point of error.
We affirm the trial court's order denying appellant the relief sought by his application for writ of habeas corpus.