Opinion
No. 14-08-00003-CV
Opinion filed January 17, 2008.
Original Proceeding Writ of Mandamus.
Panel consists of Justices FOWLER, FROST, and SEYMORE.
MEMORANDUM OPINION
On January 4, 2008, Relator, Leroy Ray Jacobson, 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. 52.1.
Relator requests that we compel respondent, the presiding judge of the 337th District Court, Harris County, to enforce the judgment of conviction because allegedly officials at the Texas Department of Criminal Justice, without authority, imposed a sentence that is longer than his original sentence after his parole was revoked, subjecting him to double jeopardy.
Relator seeks post-conviction habeas relief. Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). This includes assertions of void sentences. Cf. In re Walid, No. 08-04-00345-CR, 2004 WL 3017293, at *1 (Tex.App.-El Paso Dec. 16, 2004, orig. proceeding) (not designated for publication) (holding court of appeals did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void).
Because we do not have jurisdiction, the petition for writ of mandamus is ordered dismissed.