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Date: 12-15-2019
Case Style:
In re Samuel Roy Jackson
Case Number: 01-19-00934-CR
Judge: PER CURIAM
Panel consists of Justices Keyes, Goodman, and Countiss.
Court: Court of Appeals For The First District of Texas
Plaintiff's Attorney: The Honorable Kim K Ogg
Daniel C. McCrory
Defendant's Attorney:
Description:
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In October 2004, a jury found relator guilty of the felony offense of aggravated
robbery with a deadly weapon and assessed his punishment at confinement for thirty
five years. See Jackson v. State, No. 01-04-01137, 2005 WL 3072018 (Tex. App.—
Houston [1st Dist.] Nov. 17, 2005, pet. withdrawn) (mem. op., not designated for
publication). Relator’s mandamus petition is a collateral attack on a final felony
conviction 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. art. 11.07. Article 11.07 provides the exclusive means to challenge the
conviction. See id.; Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115,
117 (Tex. Crim. App. 2013). Although “the courts of appeals have mandamus
jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has
jurisdiction in final post-conviction felony proceedings.” In re McAfee, 53 S.W.3d
715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); see also In re
Briscoe, 230 S.W.3d 196, 196 (Tex. App.—Houston [14th Dist.] 2006, orig.
proceeding) (“Article 11.07 contains no role for the courts of appeals.”).
Accordingly, we do not have jurisdiction over relator’s mandamus petition.
Outcome: We dismiss the petition for want of jurisdiction.
Plaintiff's Experts:
Defendant's Experts:
Comments: