In re Evans

Full title: IN RE RONNIE EDWARD EVANS, Relator

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Apr 11, 2006

No. 05-06-00432-CV (Tex. App. Apr. 11, 2006)

Opinion

No. 05-06-00432-CV

Opinion issued April 11, 2006.

Original Proceeding from the 194^th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F86-78532-VM. Writ of Mandamus Denied.

Before Justices MOSELEY, BRIDGES, and FRANCIS.

MEMORANDUM OPINION

Opinion By Justice FRANCIS.

In his mandamus petition, relator complains the trial court erred in including a jury finding regarding the use of a deadly weapon in his judgment and he asks this Court to set aside his murder conviction. Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Tex. Code Crim. Proc. Ann. art. 11.07, § 5 (Vernon 2005); In re McFee, 53 S.W.3d 715, 717-18 (Tex.App.-Houston [1^st Dist.] 2001, no pet.). Accordingly, we DISMISS this petition for writ of mandamus for want of jurisdiction.