in Re: Paul Dewayne Thibodeaux ( 2018 )

Dismissed w.o.j. and Opinion Filed October 8, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01170-CV
IN RE PAUL DEWAYNE THIBODEAUX, Relator
Original Proceeding from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. 0856041-J
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Fillmore
In this original proceeding, relator seeks mandamus relief in the form of an order requiring
the trial court to comply with the habeas corpus procedures of article 11.07 of the code of criminal
procedure. Relator is seeking post-conviction relief from a felony conviction. The intermediate
courts of appeal have no authority to issue writs of mandamus in criminal matters pertaining to
proceedings under article 11.07 of the code of criminal procedure; only the Texas Court of
Criminal Appeals has jurisdiction in post-conviction felony proceedings. TEX. CODE CRIM. PROC.
art. 11.07; In re Haynes, No. 05-06-01466-CV, 2006 WL 3307012, at *1 (Tex. App.—Dallas Nov.
15, 2006, orig. proceeding) (dismissing original proceeding seeking writ ordering trial court to
comply with article 11.07); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.]
2001, orig. proceeding) (“Should an applicant find it necessary to complain about an action or
inaction of the convicting court, the applicant may seek mandamus relief from the Court of
Criminal Appeals.”).
Accordingly, we dismiss relator’s petition for writ of mandamus for want of jurisdiction.
TEX. R. APP. P. 52.8(a).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
181170F.P05
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