Opinion
No. 14-07-00897-CV
Opinion filed November 6, 2007.
Original Proceeding Writ of Mandamus.
Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.
MEMORANDUM OPINION
On October 23, 2007, Relator, Wesley E. Evans, filed a petition for writ of mandamus in this court. See TEX. GOV'T CODE ANN § 22.221 (Vernon 2004); see also TEX. R. APP. P. 52.1.
In the petition, relator asks this court to compel the presiding judge of the 351st District Court of Harris County to set aside relator's two sixty-year sentences for aggravated sexual assault of child because his prior convictions used for purposes of enhancement allegedly are void. Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. 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, 718 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding); see also In re Frazier, No. 05-07-00193, 2007 WL 852889, at *1 (Tex.App.-Dallas Mar. 22, 2007, orig. proceeding) (mem. op.) (explaining court of appeals did not have jurisdiction over relator's petition attacking prior convictions used for enhancement). This includes assertions of void judgments. In re Walid, No. 08-04-00345-CR, 2004 WL 3017293, at *1 (Tex.App.-El Paso Dec. 16, 2004, orig. proceeding) (not designated for publication) (holding court did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void).
Moreover, relator has not provided this court with a certified or sworn copy of the judgments in the sexual assault proceedings. See TEX. R. APP. P. 52.3(j) (requiring certified or sworn copy of "any order complained of").
Because we do not have jurisdiction to grant post-conviction relief, the petition for writ of mandamus is ordered dismissed.