Summary
holding court of appeals did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void
Summary of this case from In re SmithOpinion
No. 08-04-00345-CR
December 16, 2004. DO NOT PUBLISH.
An Original Proceeding in Mandamus.
Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.
OPINION
Relator Naim Abdullah Walid has filed a petition for writ of mandamus, complaining of the trial court's refusal to set aside a void judgment of conviction. We do not have the authority to compel the trial court to set aside the judgment of conviction. The Court of Criminal Appeals has the exclusive authority to grant post-conviction relief. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991). Accordingly, the petition for writ of mandamus is denied.