IN RE: EMANUEL DELEON FIELDS

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Court of Appeals of Texas, Dallas.

IN RE: EMANUEL DELEON FIELDS, Relator

No. 05–11–01099–CV

Decided: August 29, 2011

Before Justices Moseley, FitzGerald, and Fillmore

MEMORANDUM OPINION

Opinion by Justice Fillmore

Relator contends the trial court has a ministerial duty to reform his judgment of conviction.   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.

ROBERT M. FILLMORE

111099F.P05 JUSTICE

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