Opinion
05-24-01339-CR
11-20-2024
IN RE CALVIN HYDER, Relator
Do Not Publish Tex.R.App.P. 47.2(b)
Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F87-77449
Before Justices Pedersen, III, Smith, and Garcia
MEMORANDUM OPINION
BILL PEDERSEN, III JUSTICE
Relator, Calvin Hyder, was convicted of sexual assault in 1987 and sentenced to life imprisonment. We affirmed the trial court's judgment, and our mandate issued August 29, 1988. See Hyder v. State, 05-87-00813-CR (Tex. App.-Dallas June 29, 1988, no pet.) (not designated for publication).
On November 12, 2024, relator filed a pro se petition for writ of mandamus. In the petition, relator complains that the trial court erroneously admitted certain evidence and that the prosecutor engaged in misconduct by showing the jury inadmissible evidence. Relator asks this Court to order the trial court to grant him a new trial or for this Court to order the case dismissed.
The substance of the petition is a collateral attack on relator's 1987 conviction. The only procedure for obtaining relief from a felony judgment imposing a penalty other than death is by an application for writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure made returnable to the court of criminal appeals. See Tex. Code Crim. Proc. Ann. art. 11.07, §§ 1, 3; In re Hyder, No. 05-04-00652-CV, 2004 WL 1126225, at *1 (Tex. App.-Dallas May 21, 2004, orig. proceeding) (mem op., not designated for publication) (denying relator's petition for writ of mandamus that was collateral attack on 1987 conviction). The court of criminal appeals has stated, referring to itself, "We are the only court with jurisdiction in final post-conviction felony proceedings." Ater v. Eighth Ct. of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding).
We conclude we lack jurisdiction to consider relator's petition. We dismiss the petition for want of jurisdiction.