Opinion
No. 05-18-00478-CV
05-03-2018
IN RE ARTHUR JOYAL BARKER, Relator
Original Proceeding from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. W04-35305
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Bridges
In this original proceeding, relator seeks a writ of mandamus vacating his 2005 aggravated robbery conviction and remanding to the trial court for a new trial. This proceeding is a collateral attack on a final conviction and, therefore, 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 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we dismiss this proceeding for want of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE 180478F.P05