Opinion
No. 05-16-00097-CV
02-10-2016
IN RE TARRANCE DARON WHITLOCK, Relator
Original Proceeding from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F99-56237
MEMORANDUM OPINION
Before Justices Bridges, Myers, and Whitehill
Opinion by Justice Bridges
In this petition for writ of mandamus, relator requests that the Court determine the judgment convicting him of aggravated assault on a public servant is void on its face and that we order the trial court to set aside or reverse the judgment and have relator replead to the indictment. Relator's petition for writ of mandamus represents a collateral attack on his conviction. The only proper means of collaterally attacking a final felony conviction is by means of a petition for writ of habeas corpus under article 11.07 of the code of criminal procedure. TEX. CODE CRIM. PROC. ANN. art. 11.07, § 5 (West 2015) ("After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner."). This Court has no jurisdiction over complaints that may only be raised by post-conviction habeas corpus proceedings brought under article 11.07. See TEX. CODE CRIM. P. ANN. arts. 11.05, 11.07 (West 2015). For that reason, we may not grant a writ of mandamus that would result in vacating a judgment of conviction. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (in granting writ of mandamus to vacate conviction appellate court found void, court of appeals usurped the exclusive authority of court of criminal appeals to grant post-conviction relief).
We dismiss the petition for writ of mandamus for want of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE 160097F.P05