Opinion
No. 10-07-00351-CR
Opinion delivered and filed November 28, 2007. DO NOT PUBLISH.
Original Proceeding.
Before Chief Justice, GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Melvin Ray Wright seeks a writ of mandamus to obtain reversal of his 2005 felony conviction for deadly conduct and/or deletion of an affirmative deadly weapon finding contained in the judgment of conviction. Wright presents three issues: (1) the trial court "did not perform his ministerial duty" by conducting a hearing in Wright's absence; (2) the trial court abused its discretion by entering an affirmative deadly weapon finding; and (3) the trial court's successor in office abused his discretion by not ruling on Wright's motion for judgment nunc pro tunc in which Wright alleged that the conviction should be reversed due to insufficient evidence. Wright's mandamus petition constitutes a collateral attack on the judgment of conviction. However, "the exclusive post-conviction remedy in final felony convictions in Texas courts is through a writ of habeas corpus pursuant to [article] 11.07" of the Code of Criminal Procedure. Ex parte Mendenhall, 209 S.W.3d 260, 261 (Tex.App.-Waco 2006, no pet.) (quoting Olivo v. State, 918 S.W.2d 519, 525 n. 8 (Tex.Crim.App. 1996)). This Court does not have jurisdiction to entertain a post-conviction felony habeas application. Id.; In re Trevino, 79 S.W.3d 794, 795 (Tex.App.-Corpus Christi 2002, orig. proceeding) (per curiam). Therefore, we dismiss Wright's petition for want of jurisdiction. See Trevino, 79 S.W.3d at 796.