CourtListener 10590676•Ex Parte Rebel Hayz Breaux v. the State of Texas
Ex Parte Rebel Hayz Breaux v. the State of Texas
CourtListener 10590676Txctapp921.05.2025
Gesamter Gesetzestext
In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-25-00117-CR
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EX PARTE REBEL HAYZ BREAUX
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On Appeal from the 163rd District Court
Orange County, Texas
Trial Cause No. B240284AR
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MEMORANDUM OPINION
In an application for a writ of habeas corpus filed pursuant to article 11.09 of
the Texas Code of Criminal Procedure, Rebel Hayz Breaux alleged that he was
convicted of a misdemeanor offense on August 19, 2024, and his sentence was
discharged on that date. Breaux alleged his trial counsel provided ineffective
assistance of counsel, and that Breaux did not plead guilty knowingly.
The trial court signed an order denying the application for a writ of habeas
corpus without issuing the writ or holding an evidentiary hearing. In its order
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denying the application, the trial court stated the writ is improper because “the
applicant is not currently being restrained in his liberty by any party due to this case.”
“The appealability of a habeas proceeding turns not upon the nature of the
claim advanced but upon the use of the procedure itself and the trial court’s decision
to consider the claim (i.e. ‘issue the writ’).” Greenwell v. Ct. of Appeals for the
Thirteenth Jud. Dist., 159 S.W.3d 645, 650 (Tex. Crim. App. 2005) (orig.
proceeding). There is no right to an appeal when a trial court refuses to issue a habeas
writ or dismisses or denies a habeas application without ruling on the merits of the
applicant’s claims. See Ex parte Villanueva, 252 S.W.3d 391, 394, 395 (Tex. Crim.
App. 2008).
In this case, the trial court did not determine whether Breaux’s guilty plea had
been knowingly entered, nor did the trial court determine whether Breaux received
effective assistance of counsel. Since the trial court denied the article 11.09
application for a writ of habeas corpus without issuing the writ or ruling on the
applicant’s claims, we dismiss the appeal for lack of jurisdiction. 1
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We note that the trial court did not rule that it lacked jurisdiction to issue a
writ of habeas corpus. Rather, the trial court ruled that Breaux was not under restraint
by reason of his conviction, that is, that the application lacked merit because Breaux
failed to assert that he was suffering from a collateral consequence of his conviction.
In his response to our notice regarding our appellate jurisdiction, Breaux states, “the
presence of Collateral Consequences underscores the necessity of Appellate review
to correct legal errors and prevent Wrongful Restraint.” He does not suggest what
those collateral consequences are, however, nor did he identify a collateral
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APPEAL DISMISSED.
PER CURIAM
Submitted on May 20, 2025
Opinion Delivered May 21, 2025
Do Not Publish
Before Golemon, C.J., Wright and Chambers, JJ.
consequence of his conviction that restrains his liberty in his application to the trial
court.
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