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In re Villnave

Court of Appeals Fifth District of Texas at Dallas
Aug 30, 2017
No. 05-17-01018-CV (Tex. App. Aug. 30, 2017)

Opinion

No. 05-17-01018-CV

08-30-2017

IN RE STEVEN EDWARD VILLNAVE, Relator


On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause No. F11-22458-U

MEMORANDUM OPINION

Before Justices Lang, Myers, and Boatright
Opinion by Justice Boatright

In 2013, relator entered a plea bargain in trial court cause number F11-22458-U and was sentenced to ten years confinement for third degree felony driving while intoxicated. Relator did not appeal. In this original proceeding, relator seeks a writ of mandamus ordering the trial court to modify his sentence. This proceeding is a collateral attack on a final conviction and, therefore, falls within the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id. Accordingly, we dismiss this proceeding for want of jurisdiction.

/Jason Boatright/

JASON BOATRIGHT

JUSTICE 171018F.P05


Summaries of

In re Villnave

Court of Appeals Fifth District of Texas at Dallas
Aug 30, 2017
No. 05-17-01018-CV (Tex. App. Aug. 30, 2017)
Case details for

In re Villnave

Case Details

Full title:IN RE STEVEN EDWARD VILLNAVE, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 30, 2017

Citations

No. 05-17-01018-CV (Tex. App. Aug. 30, 2017)