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Court of Appeals of Texas, Dallas.


No. 05-17-00306-CV

Decided: March 31, 2017

Before Justices Lang, Evans, and Stoddart


Relator was convicted of two counts of indecency with a child and one count of sexual assault of a child, as alleged in one indictment. Punishment, enhanced by one prior felony conviction, was assessed at life imprisonment on each count. The convictions were affirmed on direct appeal. Houston v. State, No. 05-07-01049-CR, 2008 WL 4559969 (Tex. App.––Dallas 2008, no pet.) (mem. op., not designated for publication). In this original proceeding, relator challenges his convictions, complains that he was not released on community supervision, and asks this Court to “review” the trial court proceedings.

This proceeding is a collateral attack on the final convictions and, therefore, 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 (West 2015). Only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Id ; In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, no pet.); 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). Accordingly, we dismiss this proceeding for want of jurisdiction.

Opinion by Justice Lang