Opinion
No. 05-16-00142-CV No. 05-16-00144-CV No. 05-16-00145-CV No. 05-15-00146-CV
02-23-2016
IN RE TROY LEE PERKINS, Relator
Original Proceeding from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F-0700645-S, F-0771769-S, F-0771970-S, F-0771990-S
MEMORANDUM OPINION
Before Justices Bridges, Myers, and Whitehill
Opinion by Justice Myers
Relator filed this petition for writ of mandamus or writ of injunction contending that his sentence is void because the trial court has failed to transfer his case to probate court. We lack jurisdiction over the petition. The only proper means of collaterally attacking a final felony conviction is by means of a petition for writ of habeas corpus under article 11.07 of the code of criminal procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West 2015) ("After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner."). This Court has no jurisdiction over complaints that may only be raised by post-conviction habeas corpus proceedings brought under article 11.07. See TEX. CODE CRIM. P. ANN. arts. 11.05, 11.07 (West 2015). Only the convicting court and court of criminal appeals have any role to play in attempts to raise post-conviction challenges to final felony convictions. In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). For that reason, we may not grant a writ of mandamus, a writ of injunction or any other writ of any kind that would result in vacating a judgment of conviction. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (in granting writ of mandamus to vacate conviction appellate court found void, court of appeals usurped the exclusive authority of court of criminal appeals to grant post-conviction relief).
We dismiss the petition for want of jurisdiction. 160142F.P05
/Lana Myers/
LANA MYERS
JUSTICE