in Re Anthony Lynn Falco

• Court: Court of Appeals of Texas
• Decided: August 16, 2012
• Docket: 03-12-00484-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-12-00484-CV

In re Anthony Lynn Falco

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

M E M O R A N D U M O P I N I O N

Relator Anthony Falco, an inmate, filed a pro se petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004). In the petition, Falco challenges his unnamed felony conviction on a number of grounds. His petition requests that this court "direct [the] Trial Court to dismiss all [of his] sentence and release [him] immediately . . . [because his] sentence was illegal--thus a wrongful conviction." We take this to be a post-conviction application for writ of habeas corpus.

An intermediate court of appeals has no jurisdiction over post-conviction applications for writ of habeas corpus in felony cases. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2012); see also Ex parte Martinez, 175 S.W.3d 510, 512-13 (Tex. App.--Texarkana 2005, orig. proceeding); Self v. State, 122 S.W.3d 294, 294-95 (Tex. App.--Eastland 2003, no pet.). The court of criminal appeals has recognized that "the exclusive post-conviction remedy in final felony convictions in Texas courts is through writ of habeas corpus pursuant to [article] 11.07." Olivio v. State, 918 S.W.2d 519, 525 n.8 (Tex. Crim. App. 1996) (quoting Charles v. State, 809 S.W.2d 574, 576 (Tex. App.--San Antonio 1991, no pet.)).

Because we have no jurisdiction over what is in effect a post-conviction habeas corpus proceeding, we dismiss relator's petition for writ of mandamus.

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Diane M. Henson, Justice

Before Justices Puryear, Pemberton, and Henson

Filed: August 16, 2012

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