DocketNumber: 05-18-00049-CV
Filed Date: 1/19/2018
Status: Precedential
Modified Date: 1/24/2018
Dismissed w.o.j. and Opinion Filed January 19, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00047-CV No. 05-18-00048-CV No. 05-18-00049-CV IN RE WENDALL WARD, Relator Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F04-71691, F04-71690, and F03-73972 MEMORANDUM OPINION Before Justices Francis, Evans, and Schenck Opinion by Justice Evans In this original proceeding, relator seeks a writ ordering the trial court to vacate his 2009 felony convictions. 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 (West 2015). 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). Accordingly, we dismiss this proceeding for want of jurisdiction. /David Evans/ 180047F.P05 DAVID EVANS JUSTICE