IN RE: Anthony Lynn Falco (2012)

M E M O R A N D U M O P I N I O N

Relator Anthony Falco, an inmate, filed a pro se petition for writ of mandamus in this court.   See Tex. Gov't Code Ann. § 22.221 (West 2004).   In the petition, Falco challenges his unnamed felony conviction on a number of grounds.   His petition requests that this court “direct [the] Trial Court to dismiss all [of his] sentence and release [him] immediately ․ [because his] sentence was illegal—thus a wrongful conviction.”   We take this to be a post-conviction application for writ of habeas corpus.

An intermediate court of appeals has no jurisdiction over post-conviction applications for writ of habeas corpus in felony cases.   See Tex.Code Crim. Proc. Ann. art. 11.07 (West Supp.2012);  see also Ex parte Martinez, 175 S.W.3d 510, 512–13 (Tex.App.—Texarkana 2005, orig. proceeding);  Self v. State, 122 S.W.3d 294, 294–95 (Tex.App.—Eastland 2003, no pet.).   The court of criminal appeals has recognized that “the exclusive post-conviction remedy in final felony convictions in Texas courts is through writ of habeas corpus pursuant to [article] 11.07.”  Olivio v. State, 918 S.W.2d 519, 525 n.8 (Tex.Crim.App.1996) (quoting Charles v. State, 809 S.W.2d 574, 576 (Tex.App.—San Antonio 1991, no pet.)).

Because we have no jurisdiction over what is in effect a post-conviction habeas corpus proceeding, we dismiss relator's petition for writ of mandamus.

Diane M. Henson, Justice