Opinion
No. 05-17-00536-CV
05-31-2017
IN RE GARY ISAAC, Relator
Original Proceeding from the 195th Judicial District Court Dallas County, Texas
Trial Court Cause No. F00-00858-N
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Schenck
Gary Isaac was convicted of injury to a child in 2001 and sentenced to forty years' imprisonment. This Court affirmed the conviction on direct appeal. Isaac v. State, No. 05-01-01769-CR, 2003 WL 253590 (Tex. App.—Dallas 2003, pet. ref'd). In this original proceeding, relator seeks a writ directing the trial court to vacate the trial court's August 22, 2002 judgment nunc pro tunc, which relator argues improperly added a deadly weapon finding to the original judgment.
Relator's request is a collateral attack on relator's conviction and falls within the scope of a post-conviction writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Id.; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (by granting writ of mandamus to vacate judgment of conviction, court of appeals usurped exclusive authority of court of criminal appeals to grant post-conviction relief); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
We do not have jurisdiction over relator's request. Accordingly, we dismiss relator's May 19, 2017 petition for want of jurisdiction.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE 170536F.P05