Opinion
No. 04-06-00382-CV
Delivered and Filed: June 28, 2006.
This proceeding arises out of Cause No. 1994-CR-3381, styled The State of Texas v. Miguel A. Gutierrez, in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.
Petition for Writ of Mandamus Dismissed for Want of Jurisdiction.
Sitting: Sarah B. DUNCAN, Justice, Sandee Bryan MARION, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
Miguel A. Gutierrez filed a petition for a writ of mandamus in which he collaterally attacks the felony conviction pursuant to which he is incarcerated and seeks an order vacating the judgment of conviction. Under Texas law, the exclusive method for a person confined pursuant to a final felony conviction to collaterally attack the conviction is to file an application for a writ of habeas corpus under article 11.07 of the Texas Code of Criminal Procedure. See Ex parte Adams, 768 S.W.2d 281, 287 (Tex.Crim.App. 1989); McBride v. State, 114 S.W.3d 556, 557 (Tex.App.-Austin 2002, no pet.). The courts of appeals do not have jurisdiction over post-conviction writs of habeas corpus in felony cases. See Board of Pardons and Paroles ex. rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex.Crim.App. 1995) (holding that "[j]urisdiction to grant post conviction habeas corpus relief on a final felony conviction rests exclusively with [the Court of Criminal Appeals]"); Watson v. State, 96 S.W.3d 497, 500 (Tex.App.-Amarillo 2002, pet. ref'd) (construing points of error praying for release from incarceration as requesting habeas corpus relief and dismissing points because court of appeals does not have jurisdiction to entertain or issue writs of habeas corpus).
Because Gutierrez's petition is, in substance, a post-conviction petition for a writ of habeas corpus, we dismiss the petition for want of jurisdiction.
Relator shall pay all costs incurred in this proceeding.
The clerk of this court is directed to transmit a copy of this opinion to the attorneys of record, the trial court judge, and the trial court clerk.