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In re Whitfield

Court of Appeals of Texas, Fourteenth District, Houston
Nov 4, 2008
Nos. 14-08-00966-CR, 14-08-00967-CR (Tex. App. Nov. 4, 2008)

Opinion

Nos. 14-08-00966-CR, 14-08-00967-CR

Opinion filed November 4, 2008. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

Original Proceeding Writ of Mandamus.

Panel consists of Chief Justice HEDGES and Justices GUZMAN and BROWN.


MEMORANDUM OPINION


On October 16, 2008, relator, Ronald Dwayne Whitfield, filed a petition for writ of mandamus in this Court. See Tex. Gov't Code Ann § 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. In his petition, relator complains that no judgments were rendered or entered on his underlying convictions for burglary of a vehicle and theft in the 337th District Court of Harris County and he, therefore, is being confined illegally. Relator requests that he be released from his allegedly illegal confinement. Relator seeks post-conviction habeas relief. Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991) (orig. proceeding). This includes assertions of void convictions. See In re Walid, No. 08-04-00345-CR, 2004 WL 3017293, at *1 (Tex.App.-El Paso Dec. 16, 2004, orig. proceeding) (not designated for publication) (holding court of appeals did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void). Because we do not have jurisdiction over the requested relief, the petition for writ of mandamus is ordered dismissed.


Summaries of

In re Whitfield

Court of Appeals of Texas, Fourteenth District, Houston
Nov 4, 2008
Nos. 14-08-00966-CR, 14-08-00967-CR (Tex. App. Nov. 4, 2008)
Case details for

In re Whitfield

Case Details

Full title:IN RE RONALD DWAYNE WHITFIELD, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Nov 4, 2008

Citations

Nos. 14-08-00966-CR, 14-08-00967-CR (Tex. App. Nov. 4, 2008)