Opinion
No. 12-11-00245-CR
Opinion delivered August 17, 2011. DO NOT PUBLISH.
Original Proceeding.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
Relator Willie J. Billington seeks a writ of mandamus "to correct or vacate the [illegal] judgement [sic] and sentence" relating to his conviction for burglary of a habitation. We dismiss the petition. Relator is currently serving a sentence of life imprisonment after being convicted in 2007 for burglary of a habitation. In this proceeding, he urges that (1) the sentence was obtained by a violation of the protection against double jeopardy; (2) the conviction was obtained by use of evidence obtained pursuant to an unlawful arrest; and (3) his conviction is a fundamental miscarriage of justice because of his actual innocence. Although Relator characterizes the relief he seeks as mandamus relief, he is, in substance, seeking habeas relief from a final felony conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07 § 1 (West Supp. 2010). We are not authorized to act on a petition for writ of habeas corpus seeking relief from a final felony conviction. See TEX. GOV'T CODE ANN. § 22.221(d) (West 2004). The Texas Court of Criminal Appeals has exclusive jurisdiction over postconviction writs of habeas corpus in felony cases. TEX. CODE CRIM. PROC. ANN. art. 11.07 § 3 (West Supp. 2010). Therefore, we are without jurisdiction to consider Relator's complaints. Accordingly, Relator's petition is dismissed .