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In re Hyder

Court of Appeals of Texas, Fifth District, Dallas
May 21, 2004
No. 05-04-00652-CV (Tex. App. May. 21, 2004)

Summary

denying relief where the court construed the petition as "a collateral attack on appellant's 1987 conviction for aggravated sexual assault, for which he received a life sentence[]"

Summary of this case from Hyder v. TDCJ-ID Dir.

Opinion

No. 05-04-00652-CV

Opinion and Order issued May 21, 2004.

Original Proceeding from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F87-77449-JT.

Writ of Mandamus Denied.

Before Justices WRIGHT, MOSELEY, and RICHTER.


MEMORANDUM OPINION


Relator filed a pro se petition for writ of mandamus asking this Court to order the trial court to give him a new trial. The substance of the petition is a collateral attack on appellant's 1987 conviction for aggravated sexual assault, for which he received a life sentence. Such an attack falls within the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004). Accordingly, we DENY relator's petition for writ of mandamus. See Tex.R.App.P. 52.8(a).


Summaries of

In re Hyder

Court of Appeals of Texas, Fifth District, Dallas
May 21, 2004
No. 05-04-00652-CV (Tex. App. May. 21, 2004)

denying relief where the court construed the petition as "a collateral attack on appellant's 1987 conviction for aggravated sexual assault, for which he received a life sentence[]"

Summary of this case from Hyder v. TDCJ-ID Dir.
Case details for

In re Hyder

Case Details

Full title:IN RE CALVIN RAY HYDER, Relator

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

Date published: May 21, 2004

Citations

No. 05-04-00652-CV (Tex. App. May. 21, 2004)

Citing Cases

In re Hyder

See Tex. Code Crim. Proc. Ann. art. 11.07, §§ 1, 3; In re Hyder, No. 05-04-00652-CV, 2004 WL 1126225,…

Hyder v. TDCJ-ID Dir.

In re Hyder, No. 05-05-00396-CV, 2005 Tex.App. LEXIS 2369 (Tex. App.-Dallas Mar. 30, 2005, orig. proceeding)…