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In re Tolbert

Court of Appeals Fifth District of Texas at Dallas
May 21, 2015
No. 05-15-00633-CV (Tex. App. May. 21, 2015)

Opinion

No. 05-15-00633-CV

05-21-2015

IN RE RICKEY WAYNE TOLBERT JR., Relator


Original Proceeding from the 304th Judicial District Court Dallas County, Texas
Trial Court Cause No. JD-42441-W

MEMORANDUM OPINION

Before Justices Lang, Fillmore, and Evans
Opinion by Justice Fillmore

Relator filed this petition for writ of mandamus complaining that a juvenile conviction has improperly caused collateral consequences in conjunction with his federal prison sentence. The relief relator seeks may be granted only by petition for writ of habeas corpus. In re Altschul, 207 S.W.3d 427, 430 (Tex. App.—Waco 2006, pet. ref'd) (orig. proceeding) (attempt to obtain relief from collateral consequences of juvenile conviction is properly presented in a petition for writ of habeas corpus). As an intermediate appellate court, this Court lacks original habeas corpus jurisdiction in such cases. Id.; TEX. GOV'T CODE ANN. § 22.221(d) (West 2004) (delineating original habeas corpus jurisdiction of intermediate appellate courts). We dismiss the petition.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
150633F.P05


Summaries of

In re Tolbert

Court of Appeals Fifth District of Texas at Dallas
May 21, 2015
No. 05-15-00633-CV (Tex. App. May. 21, 2015)
Case details for

In re Tolbert

Case Details

Full title:IN RE RICKEY WAYNE TOLBERT JR., Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 21, 2015

Citations

No. 05-15-00633-CV (Tex. App. May. 21, 2015)