Ex parte McGowen, 63222
| Decision Date | 26 January 1983 |
| Docket Number | No. 63222,63222 |
| Citation | 645 S.W.2d 286 |
| Parties | Ex parte Virginia McGOWEN. |
| Court | Texas Court of Criminal Appeals |
This is an appeal from a denial of habeas corpus relief by County Criminal Court at Law No. 8 of Harris County.
Petitioner was convicted of 34 Class C misdemeanors before several justice of the peace courts in Harris County. When she was jailed for failure to pay her fines in those cases, she sought habeas corpus relief in the County Criminal Court at Law. Art. 11.09, V.A.C.C.P.; Art. 1970-110c.3(b), (c), V.A.C.S. That court granted relief from the jail confinements, and then entered its own order to secure payment of the justice court fines by installments:
"NO. 553150
-----------
THE STATE OF TEXAS )( IN THE COUNTY CRIMINAL
)(
VS. ) ( COURT AT LAW NO. 8
)(
VIRGINIA McGOWEN )( HARRIS COUNTY, TEXAS
TOTAL AMT. DUE $2,396.50 APRIL TERM, A.D., 1979
IF SAID DEFENDANT SHOULD DEFAULT OF ANY PAYMENT AS OUTLINED, SAID DEFENDANT SHALL BE COMMITTED TO JAIL UNTIL REMAINING AMOUNT IS FULLY PAID.
On this date, 4-19-79, the Court finds the Defendant is unable to pay fine and costs of Court;
It is ORDERED that payment of the fine and costs in the above cause be DEFERRED and made payable on or before the __ day of ______. It is ORDERED that the Defendant pay fine and costs by INSTALLMENTS in the amount of $150; first installment due on the 1st day of June, 1979, and like amount on the first day of each month thereafter until said fine and costs are paid.
It is further ORDERED that the Clerk of this Court make this Order a part of the Judgment and Sentence of the above styled and numbered cause and forward a copy of this Order to the Sheriff of Harris County, Texas.
SIGNED and ENTERED this the 19 day of April, A.D., 1979.
/s/ Neel Richard
JUDGE, County Criminal Court
at Law # 8"
Subsequently the County Court at Law ordered petitioner jailed for failure to make payments under the above order. In her petition for habeas corpus relief from this confinement petitioner alleged as one ground of attack:
This same contention is raised in petitioner's brief on appeal from denial of habeas corpus relief. In that brief petitioner cites Ex parte Minjares, 582 S.W.2d 105.
In Minjares, the habeas corpus petitioner had been assessed traffic fines in municipal court and then sought habeas corpus relief in the County Court at Law from his commitment to jail for non-payment of the fines. That court denied relief and Minjares appealed. After finding he was entitled to relief because he was indigent and confinement of an indigent because he is too poor to pay his fines violates the constitution, this Court ordered the County Court at Law on remand to:
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