in Re: Gary Isaac

• Court: Court of Appeals of Texas
• Decided: December 16, 2022
• Docket: 05-22-01315-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 16, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01315-CV

IN RE GARY ISAAC, Relator

Original Proceeding from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F00-00858

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Schenck In this original proceeding, relator seeks a writ of mandamus directing the trial

court to vacate the trial court’s August 22, 2002 judgment nunc pro tunc, which

relator argues improperly added a deadly weapon finding to the original judgment

convicting him of injury to a child.

This is the second time relator has filed a petition seeking the same relief from

this Court. See In re Isaac, No. 05-17-00536-CV, 2017 WL 2351090 (Tex. App.—

Dallas May 31, 2017, orig. proceeding) (mem. op.). As we have previously

concluded, relator’s request is a collateral attack on his conviction and falls within

the scope of a post-conviction writ of habeas corpus. 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) (explaining that by

granting writ of mandamus to vacate judgment of conviction, court of appeals

usurped exclusive authority of court of criminal appeals to grant post-conviction

relief).

We do not have jurisdiction over relator’s request. Accordingly, we dismiss

the petition for want of jurisdiction.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

221315F.P05

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