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in Re: Bradrick Jermaine Collins
Citation: Not availableDocket: 05-18-00711-CR
Court: Court of Appeals of Texas; June 29, 2018; Texas; State Appellate Court
Original Court Document: View Document
Bradrick Jermaine Collins filed a post-conviction writ of habeas corpus to vacate his misdemeanor conviction for driving while intoxicated (DWI) with a blood alcohol concentration over 0.15. He was sentenced to 171 days of confinement (probated) and required to complete community service and supervision. His appeal against the conviction is ongoing under cause number 05-18-00498-CR. The Court of Appeals Fifth District of Texas determined that habeas corpus is an extraordinary remedy applicable when no other adequate legal remedy exists. It cited previous case law stating that applicants cannot use the writ to contest issues that could have been raised on direct appeal. Additionally, under Texas law, an application for habeas corpus relief concerning community supervision is not permissible if the applicant can seek relief through an appeal. The court concluded that Collins has an adequate remedy available through his pending appeal, leading to the denial of his application for the writ of habeas corpus filed on June 20, 2018. The opinion was authored by Justice Lana Myers and is not to be published as per Texas Rules of Appellate Procedure.