in Re Herbert Feist

• Court: Court of Appeals of Texas
• Decided: February 11, 2015
• Docket: 09-15-00027-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00027-CR ________________

IN RE HERBERT FEIST __________________________________________________________________

Original Proceeding __________________________________________________________________

MEMORANDUM OPINION

Relator Herbert Feist filed a petition for writ of mandamus, in which he

complains of the trial court’s handling of applications for writ of habeas corpus

that he filed pertaining to two convictions, one from 1978 and the other from 1979.

Feist contends the convictions are void and are being used in a new case as

enhancements, and he argues that a void conviction “can be attacked any time.”

The Texas Court of Criminal Appeals has exclusive jurisdiction to grant

relief in a post-conviction habeas corpus proceeding in which there is a final felony

conviction. Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2014); Padieu v.

Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013)

(orig. proceeding). Because Feist requests that we compel an action by the trial

1 court directly relating to its handling of Feist’s post-conviction applications for

writ of habeas corpus, we lack jurisdiction to grant the relief he requests. See In re

McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig.

proceeding) (“Should an applicant find it necessary to complain about an action or

inaction of the convicting court, the applicant may seek mandamus relief from the

Court of Criminal Appeals.”). Accordingly, we dismiss Feist’s petition for writ of

mandamus.

PETITION DISMISSED.

PER CURIAM

Submitted on February 10, 2015 Opinion Delivered February 11, 2015 Do Not Publish

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