Ex parte Helen Mayfield--Appeal from 361st District Court of Brazos County
Annotate this Case
Download PDF
IN THE TENTH COURT OF APPEALS No. 10-09-00383-CR EX PARTE HELEN MAYFIELD Original Proceeding MEMORANDUM OPINION Helen Mayfield filed an emergency application for writ of habeas corpus alleging that the trial court failed to award credit for time she spent under electronic monitoring. She contends that she has filed two motions nunc pro tunc, to which the trial court has failed to respond. We dismiss the application for want of jurisdiction. A complaint that a defendant should be awarded time credit for the time he spent on bond under electronic monitoring because this time is equivalent to confinement is akin to a pre-sentence jail time credit claim. Ex parte Myers, No. WR68,402-02, 2008 Tex. Crim. App. Unpub. LEXIS 47, at *2 (Tex. Crim. App. Jan. 23, 2008). Such an issue must first be presented to the trial court via a motion nunc pro tunc. See Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004). Where the trial court fails to respond to the motion, as Mayfield alleges occurred in this case, the defendant must first seek relief in the Court of Appeals, by way of a petition for a writ of mandamus, unless there is a compelling reason not to do so. Id. at 149 (emphasis added); see In re Florence, No. 10-09-00030-CR, 2009 Tex. App. LEXIS 2397, at *2 (Tex. App. Waco Apr. 8, 2009, orig. proceeding) (not designated for publication). Accordingly, an emergency application for writ of habeas corpus is not the proper remedy in this case.1 Moreover, [t]his Court does not have original habeas corpus jurisdiction in criminal law matters. Ex parte Price, 228 S.W.3d 885, 886 (Tex. App. Waco 2007, orig. proceeding). For these reasons, we dismiss Mayfield s application for want of jurisdiction. FELIPE REYNA Justice Before Chief Justice Gray Justice Reyna, and Justice Davis Writ dismissed Opinion delivered and filed December 30, 2009 [OT06] Nor can Mayfield s application for writ of habeas corpus be treated as a petition for writ of mandamus, as it does not comply with Rule of Appellate Procedure 52. See TEX. R. APP. P. 52. 1 Ex Parte Mayfield Page 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
