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In re White

Court of Appeals of Texas, Fifth District, Dallas
Nov 28, 2006
No. 05-06-01561-CV (Tex. App. Nov. 28, 2006)

Opinion

No. 05-06-01561-CV

Opinion issued November 28, 2006.

Original Proceeding from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F90-31276-Q.

Before Justices MORRIS, RICHTER, and MAZZANT.


MEMORANDUM OPINION


Relator filed a pro se petition for writ of mandamus arguing that because the trial court lacked jurisdiction, this Court should compel the trial court to set aside the judgment in his criminal case. The substance of the petition is a collateral attack on relator's murder conviction, for which he was assessed an eight-year sentence. Relator's conviction was affirmed on direct appeal. See White v. State, No. 05-92-01004-CR (Tex.App.-Dallas Aug. 7, 1996, pet. ref'd) (not designated for publication). Such an attack 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 (Vernon 2005); In re McFee, 53 S.W.3d 715, 717 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding). Accordingly, we DISMISS relator's petition for writ of mandamus. See Tex.R.App.P. 52.8(a).


Summaries of

In re White

Court of Appeals of Texas, Fifth District, Dallas
Nov 28, 2006
No. 05-06-01561-CV (Tex. App. Nov. 28, 2006)
Case details for

In re White

Case Details

Full title:IN RE LEROY H. WHITE, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 28, 2006

Citations

No. 05-06-01561-CV (Tex. App. Nov. 28, 2006)