Opinion
No. 11-20-00159-CR
07-16-2020
IN RE PAUL TORRES
Original Mandamus Proceeding
MEMORANDUM OPINION
Relator, Paul Torres, was indicted for aggravated assault in Cause Number 10-4068 and subsequently reindicted in Cause No. 10-4100. On November 18, 2010, a jury convicted Relator of aggravated assault, made an affirmative finding that Relator used a deadly weapon, and assessed punishment of life imprisonment. We affirmed the trial court's judgment on August 23, 2012. See Torres v. State, No. 11-10-00364-CR, 2012 WL 3640268, at *1 (Tex. App.—Eastland Aug. 23, 2012, pet. ref'd) (mem. op., not designated for publication). The Texas Court of Criminal Appeals refused Relator's petition for review on March 6, 2013.
On July 13, 2020, Relator filed this original petition for writ of mandamus in which he requests that we instruct the Honorable Reed Filley, presiding judge of the 106th District Court in Gaines County, to hold an evidentiary hearing in Cause Number 10-4068 and sentence Relator within the punishment range for a second-degree felony. Relator specifically argues that he agreed to plead guilty in Cause Number 10-4068; that the "same two paragraphs" to which he pleaded guilty were "moved over and used on the new indictment" in Cause Number 10-4100; and that, based on his guilty plea, he is entitled to be sentenced within the punishment range for a second-degree felony. Relator also asserts that he was not permitted to attend all trial court proceedings and that his trial counsel "never carried-out true representation."
Relator seeks to set aside the sentence on his November 18, 2010 conviction. But the exclusive postconviction remedy in final felony convictions is through a writ of habeas corpus. See 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."). The Texas Court of Criminal Appeals is the only court with jurisdiction in postconviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241 (Tex. Crim. Proc. 1991) (orig. proceeding); see also CRIM. PROC. art. 11.07, § 3(a). Therefore, we do not have jurisdiction over Relator's petition for writ of mandamus.
We dismiss the petition for writ of mandamus for lack of jurisdiction. July 16, 2020
PER CURIAM Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J.,
Stretcher, J., and Wright, S.C.J. Willson, J., not participating.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.