Opinion
NO. 03-17-00362-CV
06-28-2017
In re Wesley Perkins
ORIGINAL PROCEEDING FROM TRAVIS COUNTY
MEMORANDUM OPINION
Relator Wesley Perkins filed a pro se application for writ of habeas corpus contending that the trial court abused its discretion by refusing to modify the terms of his community supervision and by appointing stand-by counsel. See Perkins v. State, No. 03-14-00733-CR, 2016 Tex. App. LEXIS 1730, at *19 (Tex. App.—Austin Feb. 19, 2016, pet. denied) (mem. op., not designated for publication) (affirming Perkins's conviction). An applicant for a writ of habeas corpus has the burden of proving facts that would entitle him to relief. Ex parte Kimes, 872 S.W.2d 700, 703 (Tex. Crim. App. 1993). Perkins has not met his burden. Accordingly, we deny Perkins's application.
We consider this an application for habeas relief based on the substance of this filing, which Perkins captioned as a petition for writ of mandamus. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977) (considering challenge to order refusing to modify conditions of probation as application for writ of habeas corpus); see also Tex. Code Crim. Proc. art. 11.072, § 2(b)(2).
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Field and Bourland Denied Filed: June 28, 2017