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In re Allen

Court of Appeals of Texas, Fourth District, San Antonio
Dec 23, 2024
No. 04-24-00789-CR (Tex. App. Dec. 23, 2024)

Opinion

04-24-00789-CR

12-23-2024

IN RE Danny C. ALLEN, Relator


DO NOT PUBLISH

Original Proceeding

This proceeding arises out of Cause No. 2019CR6311, styled State of Texas v. Danny Cejay Allen, in the 379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.

Sitting: Irene Rios, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM

On November 21, 2024, relator, Danny C. Allen, filed a petition for writ of mandamus and a document titled "Challenge for Cause Burden of Proof Insufficient of Evidence Misconduct," which contained a section titled "Challenge Unfair &Prejudicial Ineffective of Counsel Trial Proceedings Misconduct." On November 22, 2024, Allen also filed a document titled "Challenge Burden of Proof the Fifth Amendment Double Jeopardy Clause 357 Magnum." These filings relate to trial court cause number 2019CR6311. We previously affirmed a judgment of conviction entered against Allen in that cause number. See Allen v. State, No. 04-23-00133-CR, 2024 WL 3056657, at *1 (Tex. App.-San Antonio June 20, 2024, pet. ref'd) (mem. op., not designated for publication). The Texas Court of Criminal Appeals refused Allen's petition for discretionary review from that direct appeal, and we issued our mandate on September 25, 2024.

After considering Allen's petition for writ of mandamus, we conclude Allen is not entitled to the relief sought. Accordingly, his petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).

With regard to the Challenges Allen filed, we interpret these filings to request habeas relief. As an intermediate appellate court, we do not have original habeas corpus jurisdiction in criminal matters. See TEX. GOV'T CODE ANN. § 22.221(d) (specifying original jurisdiction of intermediate courts of appeals or justices of such courts to issue writs of habeas corpus in civil cases); TEX. CODE CRIM. PROC. ANN. art. 11.05 (limiting original jurisdiction to issue writs of habeas corpus in criminal cases to Texas Court of Criminal Appeals, district courts, county courts, or judges of such courts); see also In re Reece, 341 S.W.3d 360, 364 n.3 (Tex. 2011) (orig. proceeding); Ex parte Braswell, 630 S.W.3d 600, 601-02 (Tex. App.-Waco 2021, orig. proceeding). We therefore take no action on the Challenges Allen filed.


Summaries of

In re Allen

Court of Appeals of Texas, Fourth District, San Antonio
Dec 23, 2024
No. 04-24-00789-CR (Tex. App. Dec. 23, 2024)
Case details for

In re Allen

Case Details

Full title:IN RE Danny C. ALLEN, Relator

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

Date published: Dec 23, 2024

Citations

No. 04-24-00789-CR (Tex. App. Dec. 23, 2024)