Opinion
No. 12-03-00375-CV.
Opinion delivered November 19, 2003.
ORIGINAL PROCEEDING.
Panel consisted of WORTHEN, C.J., GRIFFITH, J. and DEVASTO, J.
MEMORANDUM OPINION
Relator David J. McKinney has filed a petition for writ of habeas corpus seeking his release from the Houston County jail. The Texas Rules of Appellate Procedure prescribe the contents of a petition for writ of habeas corpus, including the appendix, and require the relator to file a record along with the petition. See Tex.R.App.P. 52.3, 52.7. The appendix filed with the petition must contain proof that the relator is being restrained. Tex.R.App.P. 52.3(j)(1)(D). The record must contain a properly authenticated transcript of any relevant testimony from the underlying proceeding, including any exhibits offered in evidence, or a statement that no testimony was adduced in connection with the complained-of matter. Tex.R.App.P. 52.7. Furthermore, the petition must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the appendix or record. Tex.R.App.P. 52.3(h). McKinney has failed to comply with these requirements and therefore has not presented a petition and supporting record from which we can determine that he is entitled to the relief requested. Accordingly, McKinney's petition for writ of habeas corpus is denied .