IN RE: TIMMY A. DAWSON (2017)

MEMORANDUM OPINION

After finding relator guilty of murder, the jury assessed punishment at ninety-nine years in prison. This Court affirmed the conviction on direct appeal. Dawson v. State, No. 05-94-00891-CR, 1998 WL 289774 (Tex. App.—Dallas June 5, 1998, pet. ref'd) (not designated for publication). Before the Court is relator's March 10, 2017 “petition for resentencing” in which he complains that his sentence is illegal because the State used his prior felony conviction for unauthorized use of a motor vehicle both to prove an essential element of the offense and to enhance the offense of murder.

This is a collateral attack on relator's conviction and falls within the scope of a post-conviction writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Id.; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (by granting writ of mandamus to vacate judgment of conviction, court of appeals usurped exclusive authority of court of criminal appeals to grant post-conviction relief); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, no pet.). We do not have jurisdiction over relator's request. Accordingly, we dismiss relator's March 10, 2017 petition for want of jurisdiction.

CRAIG STODDART JUSTICE