in Re Samuel Roy Jackson v. State ( 2012 )

Opinion issued August 2, 2012
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00329-CR
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IN RE SAMUEL ROY JACKSON, Relator
Original Proceeding on Writ of Mandamus
MEMORANDUM OPINION
Relator, Samuel Roy Jackson, has filed a pro se petition for writ of
mandamus, “seeking relief from [a] felony conviction” rendered on October 28,
2004. Jackson contends that the trial court erroneously reinstated the indictment
on which he was convicted after its dismissal, did not conduct hearings or make
rulings on various motions, and allowed the State to amend the indictment.
Jackson further contends that the “magistrate/Judge who found probable cause” for
his arrest erred in relying upon a “false” offense report.
Jackson’s petition is for the purpose of obtaining relief from his felony
conviction of the offense of aggravated robbery. On November 17, 2005, this
Court affirmed Jackson’s conviction, making it final. Jackson v. State, No. 01-04-
01137-CR, 2005 WL 3072018, at *4 (Tex. App.—Houston [1st Dist.] Nov. 17,
2005, pet. withdrawn). The exclusive remedy from final felony convictions is a
writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2005).
Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction
habeas corpus proceedings. See id.; Bd. of Pardons & Paroles ex rel. Keene v.
Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App.
1995); In re McAfee, 53 S.W.3d 715, 717–18 (Tex. App.—Houston [1st Dist.]
2001, orig. proceeding). Thus, this Court is without authority to grant the relief
that Jackson seeks. See Bd. of Pardons & Paroles ex rel. Keene, 910 S.W.2d at
483; In re McAfee, 53 S.W.3d at 717–18; In re Murphy, No. 01-11-00120-CR,
2011 WL 1326032, at *1 (Tex. App.—Houston [1 Dist.] Apr. 7, 2011, orig.
proceeding) (mem. op.).
We dismiss the petition for writ of mandamus for lack of jurisdiction.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Keyes.
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Do not publish. TEX. R. APP. P. 47.2(b).
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