Opinion
No. 04-05-00890-CV
Delivered and Filed: January 18, 2006.
This proceeding arises out of Cause No. 04-09-00051-CRL, styled The State of Texas v. Ernesto Guevara, pending in the 81st Judicial District Court, La Salle County, Texas, the Honorable Donna S. Rayes presiding.
Petition for Writ of Mandamus Denied.
Sitting: Karen ANGELINI, Justice, Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Ernesto Guevara has filed a petition for mandamus relief, requesting that we vacate his twenty-five year sentence. Alternatively, if his conviction "must stand," then Guevara requests that "the sentence be dropped to a third-degree felony of `Deadly Conduct-Discharge Firearm'" and that he be sentenced to the "minimum of a third-degree felony punishment of two years." To collaterally attack his conviction, Guevara must seek relief through a post-conviction writ of habeas corpus not through a petition for writ of mandamus. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004-05); In re Burden, 125 S.W.3d 783, 784 (Tex.App.-Texarkana 2004, orig. proceeding) (post-conviction collateral attack should be brought in a habeas corpus proceeding under article 11.07, not a mandamus).
For these reasons, this court has determined that relator is not entitled to the relief sought. Therefore, the petition is DENIED. Tex.R.App.P. 52.8(a).