in Re: Leonard Strickland

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
' No. 08-14-00318-CR
IN RE: LEONARD STRICKLAND,
' AN ORIGINAL PROCEEDING
Relator.
' IN MANDAMUS
'
MEMORANDUM OPINION
Leonard Strickland, Relator, has filed a petition for writ of mandamus against the
Honorable Bonnie Rangel, Judge of the 171st District Court of El Paso County, Texas, asking
that we order her to find that his conviction violates the double jeopardy clause. We dismiss the
mandamus petition for want of jurisdiction.
A court of appeals has jurisdiction to issue a writ of mandamus against certain judges
within its geographic district. TEX.GOV’T CODE ANN. § 22.221(b)(West 2004). A court of
appeals also has authority to issue a writ of mandamus if it is necessary to enforce its
jurisdiction. Id. § 22.221(a). By his mandamus petition, Relator is seeking to challenge a final
felony conviction in cause number 20080D05040. An attack on the validity of a final felony
conviction can only be raised by writ of habeas corpus. The Court of Criminal Appeals has
exclusive jurisdiction to grant relief in a post-conviction habeas corpus proceeding where there is
a final felony conviction. Padieu v. Court of Appeals of Texas, Fifth District, 392 S.W.3d 115,
117 (Tex.Crim.App. 2013); Ex parte Alexander, 685 S.W.2d 57, 60 (Tex.Crim.App. 1985);
TEX.CODE CRIM.PROC.ANN. art. 11.07 § 5 (West Supp. 2014). Consequently, we dismiss the
mandamus petition for lack of jurisdiction.
January 14, 2015
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Do Not Publish)
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