in Re Anthony Cornelius ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00382-CR
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IN RE ANTHONY CORNELIUS
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Original Proceeding
411th District Court of Polk County, Texas
Trial Cause No. 22,027
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MEMORANDUM OPINION
In this original mandamus proceeding, Anthony Cornelius contends his final
felony conviction in trial court Cause Number 22,027 is void due to the
involuntariness of his guilty plea, which he claims the State induced by agreeing to
dismiss a charge in another case that violated the prohibition against the application
of ex post facto laws. Article 11.07 of the Texas Code of Criminal Procedure
provides the exclusive method for challenging a final felony conviction in a non-
death penalty case. See Tex. Code Crim. Proc. Ann. art. 11.07, sec. 5. Only the Court
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of Criminal Appeals has the authority to grant relief under article 11.07. See Ex parte
Ybarra, 629 S.W.2d 943, 946–47 (Tex. Crim. App. 1982). Because the adequate
remedy at law available to Cornelius is through an article 11.07 application for a writ
of habeas corpus, mandamus relief from this Court is unavailable. See Ater v. Eighth
Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). We deny the
petition for writ of mandamus.
PETITION DENIED.
PER CURIAM
Submitted on November 12, 2019
Opinion Delivered November 13, 2019
Do Not Publish
Before McKeithen, C.J., Kreger, and Johnson, JJ.
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