From Casetext: Smarter Legal Research

In re Fields

Court of Appeals of Texas, Fifth District, Dallas
Aug 29, 2011
Nos. 05-11-01099-CV 05-11-01100-CV 05-11-01101-CV (Tex. App. Aug. 29, 2011)

Opinion

Nos. 05-11-01099- CV 05-11-01100- CV 05-11-01101-CV

Opinion issued August 29, 2011.

Original Proceeding from the 195th Judicial District Court Dallas County, Texas, Trial Court Cause Nos. F01-54898-N, F01-54899-N, and F01-54900-N.

Before Justices MOSELEY, FITZGERALD, and FILLMORE.


MEMORANDUM OPINION


Relator contends the trial court has a ministerial duty to reform his judgment of conviction. The facts and issues are well known to the parties, so we need not recount them herein. Relator's arguments should have been raised by appeal or a petition for writ of habeas corpus. The trial court no longer has any authority to set aside relator's conviction or to enter a judgment of acquittal. See Brunelle v. State, 113 S.W.3d 788, 790 (Tex. App.-Tyler 2003, no pet.) ("It is well settled that only the court of criminal appeals has the authority to set aside a criminal conviction after the plenary power of the trial court has expired."). Accordingly, we DENY relator's petition for writ of mandamus.


Summaries of

In re Fields

Court of Appeals of Texas, Fifth District, Dallas
Aug 29, 2011
Nos. 05-11-01099-CV 05-11-01100-CV 05-11-01101-CV (Tex. App. Aug. 29, 2011)
Case details for

In re Fields

Case Details

Full title:IN RE EMANUEL DELEON FIELDS, Relator

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

Date published: Aug 29, 2011

Citations

Nos. 05-11-01099-CV 05-11-01100-CV 05-11-01101-CV (Tex. App. Aug. 29, 2011)