Denied and Opinion Filed June 29, 2018.
In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00711-CR
IN RE BRADRICK JERMAINE COLLINS, Relator
Original Proceeding from the County Criminal Court No. 5 Dallas County, Texas Trial Court Cause No. MA-17-18552-F
MEMORANDUM OPINION Before Justices Lang, Myers, and Whitehill Opinion by Justice Myers In this original proceeding, relator Bradrick Jermaine Collins seeks a post-conviction writ
of habeas corpus vacating his misdemeanor conviction for driving while intoxicated with a blood alcohol concentration of more than 0.15. Relator was assessed a fine and sentenced to 171 days’ confinement probated and a term of community service and community supervision. Relator’s appeal of the conviction is pending in this Court in cause number 05-18-00498-CR, Bradrick Jermaine Collins v. State of Texas.
Habeas corpus is an extraordinary remedy for situations in which there is no other adequate remedy at law. Ex parte Cruzata, 220 S.W.3d 518, 520 (Tex. Crim. App. 2007). An applicant may not use the writ of habeas corpus to challenge matters that could have been raised on direct appeal. Id. Further, an applicant may not file a petition for writ of habeas corpus in a felony or misdemeanor case in which the applicant seeks relief from an order or a judgment of conviction ordering community supervision “if the applicant could obtain the requested relief by means of an appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate Procedure.” TEX. CRIM. PROC. CODE ANN. § 11.072(3)(a) (West 2015).
Relator has an adequate remedy on appeal. Accordingly, we deny relator’s June 20, 2018 application for writ of habeas corpus.
/Lana Myers/ LANA MYERS JUSTICE
Do Not Publish TEX. R. APP. P. 47 080711F.U05
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