in Re Erasmo Gonzales, Relator ( 2005 )

NO. 07-05-0432-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
NOVEMBER 30, 2005
______________________________
IN RE ERASMO GONZALES, RELATOR
_______________________________
Before QUINN, C.J., and REAVIS and HANCOCK, JJ.
MEMORANDUM OPINION
Erasmo Gonzales petitions the court for a writ of mandamus requesting that we
order the trial court to set aside an allegedly void judgment of conviction. We deny the
petition.
Mandamus issues only to correct a clear abuse of discretion when there is no other
adequate remedy by law. In re Nolo Press/Folk Law, Inc., 991 S.W.2d 768, 776 (Tex.
1999). As Gonzales challenges his incarceration based on an allegedly void conviction,
he may obtain the relief sought by filing an application for writ of habeas corpus. See TEX .
CODE CRIM . PROC . ANN . arts. 11.01, 11.07 (Vernon 2005). Having a legal remedy available
to him, Gonzales has not satisfied the prerequisites for obtaining mandamus relief. See
Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (holding that
mandamus relief is unavailable when applicant’s attempt to vacate his felony conviction
could be remedied through a habeas proceeding).
Accordingly, we deny the petition.
Mackey K. Hancock
Justice
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