Opinion
No. 05-15-00568-CV
05-08-2015
IN RE JUAN ALBERTO ESTRADA, Relator
Original Proceeding from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause No. F9326578-PJ
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Brown
Opinion by Justice Fillmore
Relator filed this petition for writ of mandamus requesting that the Court order the trial court to hold the judgment that resulted from his felony conviction void, vacate the judgment and dismiss the case. Relator's petition for writ of mandamus represents a collateral attack on his conviction. The only proper means of collaterally attacking a final felony conviction is by means of a petition for writ of habeas corpus under article 11.07 of the code of criminal procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West Supp. 2014) ("After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner."); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (in granting writ of mandamus to vacate judgment of conviction, court of appeals usurped the exclusive authority of court of criminal appeals to grant post-conviction relief). This Court has no jurisdiction over complaints that may only be raised by post-conviction habeas corpus proceedings brought under article 11.07. See TEX. CODE CRIM. P. ANN. arts. 11.05, 11.07 (West 2005 & Supp. 2014).
We DISMISS the petition for writ of mandamus.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
150568F.P05