In Re: Brian Keith Melton v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 12, 2024
• Docket: 05-24-00025-CV
• Status: Published

Opinion

DISMISSED and Opinion Filed February 12, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00025-CV

IN RE BRIAN KEITH MELTON, Relator

Original Proceeding from the 196th District Court Hunt County, Texas Trial Court Cause No. 32651-CR

MEMORANDUM OPINION Before Justices Reichek, Goldstein, and Kennedy Opinion by Justice Reichek In his January 8, 2024 petition for writ of mandamus, relator contends that the

trial court’s judgment of conviction entered against him is void for various reasons

and asks this Court to compel the trial court to vacate the judgment.

The petition does not comply with Rule 52 of the Texas Rules of Appellate

Procedure, and, in any event, we lack jurisdiction to entertain the petition. This

proceeding is a collateral attack on a final 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. ANN. art. 11.07. Only the

Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony proceedings. Id.; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim.

App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—

Houston [1st Dist.] 2001, orig. proceeding) (per curiam).

Accordingly, we dismiss this proceeding for want of jurisdiction.

/Amanda L. Reichek/ AMANDA L. REICHEK 220025F.P05 JUSTICE

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