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In re Cornelius

Court of Appeals Ninth District of Texas at Beaumont
Nov 13, 2019
NO. 09-19-00382-CR (Tex. App. Nov. 13, 2019)

Opinion

NO. 09-19-00382-CR

11-13-2019

IN RE ANTHONY CORNELIUS


Original Proceeding 411th District Court of Polk County, Texas
Trial Cause No. 22,027

MEMORANDUM OPINION

In this original mandamus proceeding, Anthony Cornelius contends his final felony conviction in trial court Cause Number 22,027 is void due to the involuntariness of his guilty plea, which he claims the State induced by agreeing to dismiss a charge in another case that violated the prohibition against the application of ex post facto laws. Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive method for challenging a final felony conviction in a non-death penalty case. See Tex. Code Crim. Proc. Ann. art. 11.07, sec. 5. Only the Court of Criminal Appeals has the authority to grant relief under article 11.07. See Ex parte Ybarra, 629 S.W.2d 943, 946-47 (Tex. Crim. App. 1982). Because the adequate remedy at law available to Cornelius is through an article 11.07 application for a writ of habeas corpus, mandamus relief from this Court is unavailable. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). We deny the petition for writ of mandamus.

PETITION DENIED.

PER CURIAM Submitted on November 12, 2019
Opinion Delivered November 13, 2019
Do Not Publish Before McKeithen, C.J., Kreger, and Johnson, JJ.


Summaries of

In re Cornelius

Court of Appeals Ninth District of Texas at Beaumont
Nov 13, 2019
NO. 09-19-00382-CR (Tex. App. Nov. 13, 2019)
Case details for

In re Cornelius

Case Details

Full title:IN RE ANTHONY CORNELIUS

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Nov 13, 2019

Citations

NO. 09-19-00382-CR (Tex. App. Nov. 13, 2019)