in Re Anthony Cornelius

• Court: Court of Appeals of Texas
• Decided: November 13, 2019
• Docket: 09-19-00382-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________ NO. 09-19-00382-CR ____________________

IN RE ANTHONY CORNELIUS

________________________________________________________________________

Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. 22,027 ________________________________________________________________________

MEMORANDUM OPINION

In this original mandamus proceeding, Anthony Cornelius contends his final

felony conviction in trial court Cause Number 22,027 is void due to the

involuntariness of his guilty plea, which he claims the State induced by agreeing to

dismiss a charge in another case that violated the prohibition against the application

of ex post facto laws. Article 11.07 of the Texas Code of Criminal Procedure

provides the exclusive method for challenging a final felony conviction in a non-

death penalty case. See Tex. Code Crim. Proc. Ann. art. 11.07, sec. 5. Only the Court

1 of Criminal Appeals has the authority to grant relief under article 11.07. See Ex parte

Ybarra, 629 S.W.2d 943, 946–47 (Tex. Crim. App. 1982). Because the adequate

remedy at law available to Cornelius is through an article 11.07 application for a writ

of habeas corpus, mandamus relief from this Court is unavailable. See Ater v. Eighth

Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). We deny the

petition for writ of mandamus.

PETITION DENIED.

PER CURIAM

Submitted on November 12, 2019 Opinion Delivered November 13, 2019 Do Not Publish

Before McKeithen, C.J., Kreger, and Johnson, JJ.