Opinion
No. 08-16-00021-CR
02-10-2016
IN RE: JIMMY LEE SWEED, Relator.
ORIGINAL PROCEEDING ON PETITION FOR WRIT OF MANDAMUS MEMORANDUM OPINION
Relator, Jimmy Lee Sweed, has filed a petition for writ of mandamus against the Honorable Bonnie Rangel, Judge of the 171st District Court of El Paso County, Texas, alleging that Respondent has failed to set aside a void judgment in cause number 69262. The petition for writ of mandamus is dismissed.
In 1993, Relator was convicted in El Paso County of aggravated assault in cause number 69262. By means of this mandamus petition, Relator is effectively attempting to challenge his final felony conviction. The exclusive remedy available to Relator is an application for writ of habeas corpus. As an intermediate appellate court, we have no original habeas corpus jurisdiction in criminal matters. See In re McAfee, 53 S.W.3d 715, 717 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding). Jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with the Texas Court of Criminal Appeals. See TEX.CODE CRIM.PROC.ANN. art. 11.07, § 3 (West 2015); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App.1991). Accordingly, the petition for writ of mandamus is dismissed for lack of jurisdiction.
STEVEN L. HUGHES, Justice February 10, 2016 Before McClure, C.J., Rodriguez, and Hughes, JJ. (Do Not Publish)