Opinion
No. 05-06-01650-CV.
Opinion issued December 14, 2006.
Original Proceeding from the Criminal District Court No., Dallas County, Texas, Trial Court Cause No. F00-50770-I.
BEFORE JUSTICES WHITTINGTON, FITZGERALD, AND LANG-MIERS.
MEMORANDUM OPINION
In this petition for writ of mandamus, the relator asserts that the judgment in his criminal case is void because the trial court failed to observe mandatory statutory provisions in the code of criminal procedure. In this case, relator was convicted for the unauthorized use of a motor vehicle and was assessed a punishment of twenty years' confinement in 2001. After reforming the trial court's judgment, we affirmed the judgment on direct appeal. See White v. State, No. 05-01-01620-CR (Tex.App.-Dallas Nov. 19, 2003, no pet.) (not designated for publication).
Now, by way of this petition for writ of mandamus, relator attempts a collateral attack on his conviction. 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). Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Id; In re McFee, 53 S.W.3d 715, 717 (Tex.App.-Houston [1 st Dist.] 2001, no pet.). Accordingly, we DISMISS relator's petition for writ of mandamus. See Tex. R. App. P. 52.8(a).