In Re Danny Allen v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledJune 24, 2026
Docket04-26-00471-CR
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00471-CR
IN RE Danny ALLEN
Original Proceeding 1
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: June 24, 2026
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On June 15, 2026, this court received relator, Danny Allen’s, filing styled as a petition for
writ of mandamus. Therein, Allen seeks a writ of coram nobis and habeas corpus relating to their
prior criminal conviction. The writ of coram nobis is not recognized in Texas. See Ex parte Massey,
249 S.W.2d 599, 601 (Tex. Crim. App. 1952). Further, this court lacks original jurisdiction over
criminal petitions for writ of habeas corpus. In re Jones, No. 04-23-00876-CR, 2023 WL 7006324,
at *1 (Tex. App.—San Antonio Oct. 25, 2023, orig. proceeding); Tex. Gov’t Code § 22:221(d).
We look to the substance of relator’s petition, not its form. See Brumley v. McDuff, 616 S.W.3d
826, 833 (Tex. 2021). Because Texas does not recognize the writ of coram nobis and we lack
1
This proceeding arises out of Cause No. 2019CR6311, styled State of Texas v. Danny Cejay Allen, pending in the
379th Judicial District Court, Bexar County, Texas, the Honorable Ron Rangel presiding.
04-26-00471-CR
jurisdiction to consider an original petition for habeas corpus in criminal matters, the petition is
dismissed for lack of jurisdiction. TEX. R. APP. P. 52.8(a).
PER CURIAM
DO NOT PUBLISH
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