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In re Whitfield

Court of Appeals of Texas, Fourteenth District, Houston
Oct 9, 2008
Nos. 14-08-00914-CV, 14-08-00915-CV, 14-08-00916-CV, 14-08-00917-CV (Tex. App. Oct. 9, 2008)

Opinion

Nos. 14-08-00914-CV, 14-08-00915-CV, 14-08-00916-CV, 14-08-00917-CV

Opinion filed October 9, 2008.

Original Proceeding Writ of Mandamus.

Panel consists of Chief Justice HEDGES and Justices GUZMAN and BROWN.


MEMORANDUM OPINION


On October 2, 2008, relator, Ronald Dwayne Whitfield, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann `22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. In his petition, relator complains that his convictions in the 174th and 337th District Courts are not final because the judgments were not entered of record. Relator requests that we compel the presiding judges of the 174th and 337th District Courts to enter judgments nunc pro tunc.

Relator seeks post-conviction habeas relief. Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding). This includes assertions of void convictions. See In re Walid, No. 08-04-00345-CR, 2004 WL 3017293, at *1 (Tex.App.CEl Paso Dec. 16, 2004, orig. proceeding) (not designated for publication) (holding court of appeals did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void). Because we do not have jurisdiction over the requested relief, the petition for writ of mandamus is ordered dismissed.


Summaries of

In re Whitfield

Court of Appeals of Texas, Fourteenth District, Houston
Oct 9, 2008
Nos. 14-08-00914-CV, 14-08-00915-CV, 14-08-00916-CV, 14-08-00917-CV (Tex. App. Oct. 9, 2008)
Case details for

In re Whitfield

Case Details

Full title:IN RE RONALD DWAYNE WHITFIELD, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Oct 9, 2008

Citations

Nos. 14-08-00914-CV, 14-08-00915-CV, 14-08-00916-CV, 14-08-00917-CV (Tex. App. Oct. 9, 2008)