Opinion
No. 07-17-00198-CV
07-11-2017
IN RE ROBERT BACK, RELATOR
OPINION ON ORIGINAL PROCEEDING FOR WRIT OF MANDAMUS
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pending before the court is relator Robert Back's petition for writ of mandamus, wherein he requests that we order the trial court to vacate his "void" judgment of conviction and sentence. We affirmed Back's conviction in Back v. State, No. 07-07-00436-CR, 2008 Tex. App. LEXIS 4398 (Tex. App.—Amarillo June 16, 2008, no pet.) (mem. op., not designated for publication). We dismiss this proceeding for want of jurisdiction.
Through his petition, Back seeks to set aside his final felony conviction. The proper means of doing so is through a habeas corpus petition filed in state court pursuant to article 11.07 of the Texas Code of Criminal Procedure. We, therefore, construe Back's pleading as a petition for writ of habeas corpus. See In re McClain, No. 07-16-00432-CV, 2016 Tex. App. LEXIS 12838 (Tex. App.—Amarillo Dec. 2, 2016, orig. proceeding) (per curiam) (mem. op.). However, this court has no original habeas corpus jurisdiction in criminal matters. Ex parte Castillo, No. 07-11-00096-CV, 2011 Tex. App. LEXIS 2188, at *2 (Tex. App.—Amarillo Mar. 25, 2011, orig. proceeding) (mem. op.); Watson v. State, 96 S.W.3d 497, 500 (Tex. App.—Amarillo 2002, pet. ref'd). Rather, only the Court of Criminal Appeals has the authority to grant relief in post-conviction habeas corpus proceedings concerning final felony convictions. Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig. proceeding) (per curiam); TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West 2015). Thus, an application for writ of habeas corpus "must be filed with the clerk of the court in which the conviction being challenged was obtained," and made returnable to the Court of Criminal Appeals. See TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3(a), (b).
Accordingly, this proceeding is dismissed for want of jurisdiction.
Per Curiam