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In re Scroggins

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 19, 2017
NO. 03-17-00829-CV (Tex. App. Dec. 19, 2017)

Opinion

NO. 03-17-00829-CV

12-19-2017

In re Garland Wayne Scroggins


ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Garland Wayne Scroggins filed a petition for writ of mandamus. The substance of his filing seeks post-conviction habeas-corpus relief and his immediate release from prison. See Tex. Code Crim. Proc. art. 11.07; Scroggins v. State, No. 03-02-00053-CR, 2002 Tex. App. LEXIS 8546 (Tex. App.—Austin Dec. 5, 2002, pet. ref'd) (affirming Scroggins's felony conviction). However, this Court has no jurisdiction to grant such relief here. See Ex parte Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985) ("It is well established that only the Court of Criminal Appeals possesses the authority to grant relief in a post-conviction habeas corpus proceeding where there is a final felony conviction."); In re Farrow, No. 03-16-00354-CV, 2016 Tex. App. LEXIS 6298, at *1-2 (Tex. App.—Austin June 15, 2016, orig. proceeding).

Accordingly, we dismiss Scroggins's petition for want of jurisdiction.

/s/_________

Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Goodwin Dismissed for Want of Jurisdiction Filed: December 19, 2017


Summaries of

In re Scroggins

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Dec 19, 2017
NO. 03-17-00829-CV (Tex. App. Dec. 19, 2017)
Case details for

In re Scroggins

Case Details

Full title:In re Garland Wayne Scroggins

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Dec 19, 2017

Citations

NO. 03-17-00829-CV (Tex. App. Dec. 19, 2017)