Summary
denying application for writ of replevin where Hyder requested "to have the registration of his birth removed from the records of this State, which in turn would require his conviction to be expunged and for him to be released from custody[]"
Summary of this case from Hyder v. TDCJ-ID Dir.Opinion
No. 05-04-01451-CV
Opinion issued January 23, 2006.
On Appeal from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F87-77449-JT.
Affirmed.
Before Justices WHITTINGTON, WRIGHT, and MAZZANT.
MEMORANDUM OPINION
Calvin Ray Hyder appeals the order denying his application for writ of replevin in which appellant sought to (1) have his birth certificate returned, (2) be released from custody, (3) have his conviction in cause number F87-77449-JT expunged, and (4) be compensated in the amount of $10,000,000 for the detention of his birth certificate. Appellant contends we must reverse the trial court's order because the State failed to respond to his request as required by law; he was denied a hearing to establish ownership of his birth certificate; and he should have been compensated for the State's withholding of his name. We affirm the trial court's order. Although not clear from the record or from appellant's brief, we have made every effort to understand the complaints raised by appellant in his brief. It appears that although appellant asks for his birth certificate to be returned, he is actually seeking to have the registration of his birth removed from the records of this State, which in turn would require his conviction to be expunged and for him to be released from custody. Section 192.001 of the Texas Health and Safety Code requires the birth of each child born in Texas to be registered. Tex. Health Safety Code Ann. § 192.001 (Vernon 2001). We are not aware of, nor does appellant cite us to, any law that allows such registration to be removed from the records of this State. Consequently, we cannot conclude the trial court erred by summarily denying appellant's request.
Appellant was convicted of aggravated sexual assault and sentenced to confinement for life.
Accordingly, we affirm the trial court's order denying appellant's application for writ of replevin.