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DISMISS; and Opinion Filed May 21, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00633-CV IN RE RICKEY WAYNE TOLBERT JR., Relator Original Proceeding from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-42441-W MEMORANDUM OPINION Before Justices Lang, Fillmore, and Evans Opinion by Justice Fillmore Relator filed this petition for writ of mandamus complaining that a juvenile conviction has improperly caused collateral consequences in conjunction with his federal prison sentence. The relief relator seeks may be granted only by petition for writ of habeas corpus. In re Altschul,
207 S.W.3d 427, 430 (Tex. App.—Waco 2006, pet. ref'd) (orig. proceeding) (attempt to obtain relief from collateral consequences of juvenile conviction is properly presented in a petition for writ of habeas corpus). As an intermediate appellate court, this Court lacks original habeas corpus jurisdiction in such cases. Id.; TEX. GOV'T CODE ANN. § 22.221(d) (West 2004) (delineating original habeas corpus jurisdiction of intermediate appellate courts). We dismiss the petition. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 150633F.P05
Document Info
Docket Number: 05-15-00633-CV
Filed Date: 5/21/2015
Precedential Status: Precedential
Modified Date: 9/30/2016