In Re: Brian Keith Melton v. the State of Texas ( 2024 )

DISMISSED and Opinion Filed February 12, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00025-CV
IN RE BRIAN KEITH MELTON, Relator
Original Proceeding from the 196th District Court
Hunt County, Texas
Trial Court Cause No. 32651-CR
MEMORANDUM OPINION
Before Justices Reichek, Goldstein, and Kennedy
Opinion by Justice Reichek
In his January 8, 2024 petition for writ of mandamus, relator contends that the
trial court’s judgment of conviction entered against him is void for various reasons
and asks this Court to compel the trial court to vacate the judgment.
The petition does not comply with Rule 52 of the Texas Rules of Appellate
Procedure, and, in any event, we lack jurisdiction to entertain the petition. This
proceeding is a collateral attack on a final conviction and, therefore, falls within the
scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas
Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07. Only the
Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony
proceedings. Id.; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.
App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—
Houston [1st Dist.] 2001, orig. proceeding) (per curiam).
Accordingly, we dismiss this proceeding for want of jurisdiction.
/Amanda L. Reichek/
AMANDA L. REICHEK
220025F.P05 JUSTICE
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