in Re: Donald Gene Blanton

Opinion

DISMISS and Opinion Filed December 14, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01481-CV No. 05-15-01482-CV

IN RE DONALD GENE BLANTON, Relator

On Appeal from the 86th Judicial District Court Kaufman County, Texas Trial Court Cause No. 23078-86, No. 23592-86

MEMORANDUM OPINION Before Justices Lang, Fillmore, and Brown Opinion by Justice Lang In this petition for writ of mandamus relator requests that the Court order the trial court to

vacate its July 1, 2005 judgment of conviction and order the dismissal of cause number 23592-

86. Relator’s petition represents a collateral attack on his final felony conviction. “It is well

established that only the Court of Criminal Appeals possesses the authority to grant relief in a

post-conviction habeas corpus proceeding where there is a final felony conviction.” Ex parte

Alexander, 685 S.W.2d 57, 60 (Tex. Crim. App. 1985); TEX. CODE CRIM. PROC. art. 11.07 § 5

(West 2015). Any attempt by a lower court to grant habeas relief from a final felony conviction

in other procedural postures represents a usurpation of the exclusive authority of the Court of

Criminal Appeals to grant post-conviction relief. Ater v. Eighth Court of Appeals, 802 S.W.2d

241 (Tex. Crim. App. 1991). Accordingly, we lack jurisdiction to address relator’s complaints.

See id. We dismiss the petition for want of jurisdiction.

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

151481F.P05

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