In re J.P. Wash.

Full title: IN RE J.P. WASHINGTON, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 25, 2006

No. 05-06-01357-CV (Tex. App. Oct. 25, 2006)

Opinion

No. 05-06-01357-CV

Opinion issued October 25, 2006.

Original Proceeding from the 363^rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F02-53827-MW.

Writ of Mandamus Dismissed.

Before Justices MOSELEY, BRIDGES, and FRANCIS.

MEMORANDUM OPINION

Opinion By Justice BRIDGES.

Relator filed a pro se petition for writ of mandamus alleging the trial court concealed jury misconduct in his criminal case for possession of cocaine. After a plea of true to enhancement allegations, the trial court assessed punishment for 35 years of confinement. Relator's conviction was affirmed on direct appeal. See Washington v. State, No. 11-03-00153-CR (Tex.App.-Eastland Feb. 5, 2004, pet. ref'd) (not designated for publication). The substance of the petition is a collateral attack on relator's conviction for possession of cocaine. Such a collateral attack 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 (Vernon 2005). Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Id.; In re McFee, 53 S.W.3d 715, 717 (Tex.App.-Houston [1^st Dist.] 2001, no pet.). Accordingly, we DISMISS relator's petition for writ of mandamus for want of jurisdiction. See Tex.R.App.P. 52.8(a).