in Re Toby Dewayne Guillory ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-506 CV ____________________

IN RE TOBY DEWAYNE GUILLORY

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Original Proceeding

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MEMORANDUM OPINION

Toby DeWayne Guillory filed a petition for writ of mandamus, in which he complains that the trial court's order granting him community supervision is void and the trial court's cumulation order is void. Guillory asks that we set aside both orders "by way of a writ of mandamus."

Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive means to challenge a final felony conviction, and jurisdiction to grant post-conviction habeas relief on a final felony conviction rests exclusively with the Court of Criminal Appeals. Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483-84 (Tex. Crim. App. 1995); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon 2005). Petition for writ of habeas corpus to a court that has jurisdiction is generally an adequate remedy that will preclude mandamus relief. In re Piper, 105 S.W.3d 107, 109 (Tex. App.-Waco 2003, orig. proceeding). Guillory's petition fails to demonstrate that his rights to obtain a remedy by appeal or through a writ of habeas corpus were inadequate to address the errors he now asserts. We deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Opinion Delivered October 25, 2007

Before McKeithen, C.J., Kreger and Horton, JJ.