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DISMISS; and Opinion Filed May 8, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00568-CV IN RE JUAN ALBERTO ESTRADA, Relator Original Proceeding from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F9326578-PJ MEMORANDUM OPINION Before Justices Lang, Fillmore, and Brown Opinion by Justice Fillmore Relator filed this petition for writ of mandamus requesting that the Court order the trial court to hold the judgment that resulted from his felony conviction void, vacate the judgment and dismiss the case. Relator’s petition for writ of mandamus represents a collateral attack on his conviction. The only proper means of collaterally attacking a final felony conviction is by means of a petition for writ of habeas corpus under article 11.07 of the code of criminal procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West Supp. 2014) (“After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.”); Ater v. Eighth Court of Appeals,
802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (in granting writ of mandamus to vacate judgment of conviction, court of appeals usurped the exclusive authority of court of criminal appeals to grant post-conviction relief). This Court has no jurisdiction over complaints that may only be raised by post-conviction habeas corpus proceedings brought under article 11.07. See TEX. CODE CRIM. P. ANN. arts. 11.05, 11.07 (West 2005 & Supp. 2014). We DISMISS the petition for writ of mandamus. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 150568F.P05 –2–
Document Info
Docket Number: 05-15-00568-CV
Filed Date: 5/8/2015
Precedential Status: Precedential
Modified Date: 9/30/2016