IN RE: ALAN LYNN MCDONALD

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Court of Appeals of Texas, Dallas.

IN RE: ALAN LYNN MCDONALD, Relator

No. 05–11–01098–CV

Decided: August 29, 2011

Before Justices Moseley, FitzGerald, and Fillmore

MEMORANDUM OPINION

Opinion by Justice Moseley

Relator contends the trial court has a ministerial duty to set aside his conviction and enter a judgment of acquittal.   The facts and issues are well known to the parties, so we need not recount them herein.   Relator's arguments should have been raised by appeal or a petition for writ of habeas corpus.   The trial court no longer has any authority to set aside relator's conviction or to enter a judgment of acquittal.   See Brunelle v. State, 113 S.W.3d 788, 790 (Tex.App.-Tyler 2003, no pet.)  (“It is well settled that only the court of criminal appeals has the authority to set aside a criminal conviction after the plenary power of the trial court has expired.”).   Accordingly, we DENY relator's petition for writ of mandamus.

111098F.P05 JIM MOSELEY JUSTICE

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