Ex Parte Alton Alvis Griffith--Appeal from County Court at Law No 6 of Bexar County

No. 04-98-00449-CR
Ex parte Alton GRIFFITH
From County Court at Law No. 6, Bexar County, Texas
Trial Court No. 666,809
Honorable Ray Adams, Judge Presiding

Per Curiam

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Karen Angelini, Justice

Delivered and filed: November 25, 1998

AFFIRMED

Alton Griffith was arrested for driving while intoxicated. In a separate administrative proceeding, Griffith's driver's license was suspended. On appeal of that administrative decision, the county count found there was insufficient evidence to prove Griffith's blood alcohol concentration while driving. Griffith then applied for a writ of habeas corpus in his criminal proceeding, asserting the State was collaterally estopped from relitigating his blood alcohol concentration. The trial court denied relief, and Griffith appealed. Because habeas corpus is not the proper vehicle for raising collateral estoppel in this case, we affirm.

A pretrial writ of habeas corpus may be used to raise collateral estoppel claims based on the Double Jeopardy Clause of the Fifth Amendment. Ex parte Yates, 966 S.W.2d 743, 744 (Tex. App.--San Antonio 1998, pet. ref'd). However, collateral estoppel based on the Fifth Amendment is not implicated in cases where a criminal prosecution follows an administrative license suspension. Id. (citing State v. Brabson, 1998 WL 75670, *1 (Tex. Crim. App. Feb. 25, 1998).(1) Because habeas corpus is not the proper vehicle for raising Griffith's complaints, we must conclude the trial court did not abuse its discretion in denying the requested relief.

Even if habeas corpus was appropriate, the trial court did not abuse its discretion. For collateral estoppel to apply, the parties in both proceedings must be the same. See id. n.1 Here, the Bexar County District Attorney is not the same party as the Texas Department of Public Safety. See id. (applying Brabson). Furthermore, the applicable administrative statute specifically excludes application of collateral estoppel. Tex. Trans. Code Ann. 724.048(a) (Vernon 1998); see also Brabson, 1998 WL 75670, *3 n.6 (suggesting legislative action was constitutional). Because the trial court did not abuse its discretion, we overrule Griffith's points of error. The trial court's order is affirmed.

PER CURIAM

DO NOT PUBLISH

1. Brabson was originally published in the advance sheet of the Southwestern Reporter, but it was withdrawn from the bound volume because a motion for rehearing was pending. The motion was denied without a majority opinion on September 30, 1998.

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