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In re Walker

Court of Appeals Fifth District of Texas at Dallas
Aug 16, 2017
No. 05-17-00894-CV (Tex. App. Aug. 16, 2017)

Opinion

No. 05-17-00894-CV

08-16-2017

IN RE CHRISTOPHER DAISY WALKER, Relator


Original Proceeding from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F13-51580-Y

MEMORANDUM OPINION

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

In 2015, relator entered a plea bargain and is currently serving a 20-year sentence for aggravated assault. Relator did not appeal. In this original proceeding, relator seeks a writ of mandamus directing the trial court to vacate the underlying judgment. 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. See 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 ; In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, no pet.); Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (by granting writ of mandamus to vacate judgment of conviction, court of appeals usurped exclusive authority of court of criminal appeals to grant post-conviction relief). Accordingly, we dismiss this proceeding for want of jurisdiction.

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE 170894F.P05


Summaries of

In re Walker

Court of Appeals Fifth District of Texas at Dallas
Aug 16, 2017
No. 05-17-00894-CV (Tex. App. Aug. 16, 2017)
Case details for

In re Walker

Case Details

Full title:IN RE CHRISTOPHER DAISY WALKER, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 16, 2017

Citations

No. 05-17-00894-CV (Tex. App. Aug. 16, 2017)