Opinion
No. 05-11-01098-CV
Opinion issued August 29, 2011.
Original Proceeding from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F00-46077-T.
Before Justices MOSELEY, FITZGERALD, and FILLMORE.
MEMORANDUM OPINION
Relator contends the trial court has a ministerial duty to set aside his conviction and enter a judgment of acquittal. The facts and issues are well known to the parties, so we need not recount them herein. Relator's arguments should have been raised by appeal or a petition for writ of habeas corpus. The trial court no longer has any authority to set aside relator's conviction or to enter a judgment of acquittal. See Brunelle v. State, 113 S.W.3d 788, 790 (Tex. App.-Tyler 2003, no pet.) ("It is well settled that only the court of criminal appeals has the authority to set aside a criminal conviction after the plenary power of the trial court has expired."). Accordingly, we DENY relator's petition for writ of mandamus.