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In re Florence

Court of Appeals of Texas, Fourteenth District, Houston
Oct 20, 2011
No. 14-11-00845-CR (Tex. App. Oct. 20, 2011)

Opinion

No. 14-11-00845-CR

Opinion filed October 20, 2011. DO NOT PUBLISH. — Tex. R. App. P. 47.2(b).

Original Proceeding Writ of Mandamus 56th District Court, Galveston County, Texas, Trial Court Cause No. 10CR1217.

Panel consists of Justices BROWN, BOYCE, and McCALLY.


MEMORANDUM OPINION


On September 29, 2011, relator 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. Relator claims his conviction is void due to defects in the charging instrument. Texas Code of Criminal Procedure article 11.07 governs the procedure for obtaining post-conviction relief from a final felony conviction. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2010). Article 11.07 provides no role for the courts of appeals in this process. See id. Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from a final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); Board of Pardons Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that article 11.07 provides the exclusive means to challenge a final felony conviction). Accordingly, we are without jurisdiction to declare relator's conviction void and order his release. Relator's petition is dismissed for lack of jurisdiction. Tex. R. App. P. 52.8(a).


Summaries of

In re Florence

Court of Appeals of Texas, Fourteenth District, Houston
Oct 20, 2011
No. 14-11-00845-CR (Tex. App. Oct. 20, 2011)
Case details for

In re Florence

Case Details

Full title:IN RE THOMAS FLORENCE, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Oct 20, 2011

Citations

No. 14-11-00845-CR (Tex. App. Oct. 20, 2011)