Ex Parte Yedidiyah Kohanimyah Hawkins--Appeal from 350th District Court of Taylor County

Opinion filed June 18, 2008

In The

Eleventh Court of Appeals

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 No. 11-07-00371-CR

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  EX PARTE YEDIDIYAH KOHANIMYAH HAWKINS

On Appeal from the 350th District Court

Taylor County, Texas

Trial Court Cause No. 8267-D

M E M O R A N D U M O P I N I O N

This is an appeal pursuant to Tex. R. App. P. 31 from the trial court=s order denying a pre-conviction application for a writ of habeas corpus. We affirm.

In reviewing the trial court=s determination, due deference is afforded the trial court=s findings of historical facts and the trial court=s application of the law to the facts. Ex parte Peterson, 117 S.W.3d 804, 819 (Tex. Crim. App. 2003), rev=d on other grounds, Ex parte Lewis, 219 S.W.3d 335 (Tex. Crim. App. 2007); Ex parte Martin, 6 S.W.3d 524, 526 (Tex. Crim. App. 1999); Guzman v. State, 955 S.W.2d 85, 89 (Tex. Crim. App. 1997). Mixed questions of law and fact are reviewed de novo. Peterson, 117 S.W.3d at 819; Martin, 6 S.W.3d at 526; Guzman, 955 S.W.2d at 89. The facts are reviewed in the light most favorable to the trial court=s determination. Peterson, 117 S.W.3d at 819. Absent an abuse of discretion, the trial court=s ruling should be affirmed. Id.

Appellant has been indicted for sexual assault of a child. The offense is alleged to have occurred in Callahan County. Appellant was arrested on October 16, 2007, in Taylor County on a Callahan County warrant. Appellant filed a pro se application for writ of habeas corpus alleging that he was illegally confined in Taylor County and that his bond was oppressive and unreasonable. Appellant contended that he was entitled to a writ of habeas corpus because Callahan County had failed to demand and take charge of him within eleven days from the date of his arrest in violation of Tex. Code Crim. Proc. Ann. art. 15.21 (Vernon Supp. 2007).[1]

At the hearing on appellant=s application, Major Kathy Graham with the Taylor County Sheriff=s Department testified that Taylor County contacted Callahan County the day after his arrest. Callahan County informed Taylor County that the Callahan County facility was Aat a point of overcrowding@ and directed Taylor County to Ago ahead and place [appellant] on their bill with [Taylor County].@ Major Graham testified that Taylor County housed Callahan County inmates as part of a local agreement. A copy of the agreement between the counties was introduced into evidence, and appellant cross-examined Major Graham concerning the terms and conditions of the agreement.

The Taylor County trial court determined that it did not have jurisdiction to consider appellant=s arguments concerning the reduction of his bond set for the Callahan County offense. The Taylor County trial court further determined that appellant was Anot entitled to be released pursuant to Texas Code of Criminal Procedure Chapter 15, Article 15.21 because the requirement that Callahan County take charge of [appellant] before the eleventh day after the date of his confinement has been substantially fulfilled by the terms of the interlocal inmate housing agreement between Callahan County, Texas and Taylor County, Texas.@

In two issues, appellant contends that the trial court erred when it determined that the requirements of Article 15.21 had been met.[2] Appellant contends that Callahan County never made a Ademand@ for him and never took Acharge@ of him as required by Article 15.21. Moreover, appellant argues that the agreement between Callahan County and Taylor County is void and that it does not apply to him because he was never an inmate in a Callahan County facility.

The State contends that Callahan County did meet the requirements of Article 15.21 by arranging to have appellant housed not in the overcrowded Callahan County facility but in the Taylor County facility per the counties= inmate housing agreement. The State also contends that appellant lacks standing to challenge the agreement between the counties.

The record before this court supports the trial court=s finding that Callahan County substantially complied with the requirements of Article 15.21 within the requisite time frame. The day after his arrest, Callahan County insured appellant=s safe housing in the Taylor County facility. Appellant has failed to establish that the trial court abused its discretion. The first issue is overruled.

The inmate housing agreement between the counties creates a Ageneral beneficence@ to appellant. S. Tex. Water Auth. v. Lomas, 223 S.W.3d 304, 307 (Tex. 2007). Therefore, appellant lacks standing as a third party to raise his complaint in this appeal. Id. The second issue is overruled.

The order of the trial court is affirmed.

PER CURIAM

June 18, 2008

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.

[1]Article 15.21 provides:

If the proper office of the county where the offense is alleged to have been committed does not demand the arrested person and take charge of the arrested person before the 11th day after the date the person is committed to the jail of the county in which the person is arrested, the arrested person shall be discharged from custody.

[2]Appellant does not challenge the trial court=s determination concerning his request for reduction of bail.