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In re Frazier

Court of Appeals of Texas, Fifth District, Dallas
Mar 22, 2007
No. 05-07-00193-CV (Tex. App. Mar. 22, 2007)

Summary

explaining court of appeals did not have jurisdiction over relator's petition attacking prior convictions used for enhancement

Summary of this case from In re Evans

Opinion

No. 05-07-00193-CV

Opinion issued March 22, 2007.

Original Proceeding from the County Court at Law No. 1 Dallas County, Texas, Trial Court Cause Nos. MA-93-62444-A and MB-94-46041-A.

Before Justices MOSELEY, BRIDGES, and FRANCIS.


MEMORANDUM OPINION


Based on relator's petition, he appears to be attacking two prior misdemeanor convictions used to enhance another misdemeanor offense to a state jail felony. Relator has filed no record for our review. See Tex. R. App. P. 52.7. However, it appears that relator is seeking post-conviction relief in a felony case. We do not have jurisdiction to grant post-conviction relief. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding); In re McFee, 53 S.W3d 715, 717 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we DISMISS the relator's petition for writ of mandamus for want of jurisdiction.


Summaries of

In re Frazier

Court of Appeals of Texas, Fifth District, Dallas
Mar 22, 2007
No. 05-07-00193-CV (Tex. App. Mar. 22, 2007)

explaining court of appeals did not have jurisdiction over relator's petition attacking prior convictions used for enhancement

Summary of this case from In re Evans
Case details for

In re Frazier

Case Details

Full title:IN RE IVAN C. FRAZIER, Relator

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

Date published: Mar 22, 2007

Citations

No. 05-07-00193-CV (Tex. App. Mar. 22, 2007)

Citing Cases

In re Evans

Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding); In re McAfee,…