in Re Johnathon Keith Henry

CourtCourt of Appeals of Texas
DecidedJanuary 23, 2020
Docket14-20-00007-CR
StatusPublished

This text of in Re Johnathon Keith Henry (in Re Johnathon Keith Henry) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in Re Johnathon Keith Henry, (Tex. Ct. App. 2020).

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 23, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00007-CR

IN RE JOHNATHON KEITH HENRY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 182nd District Court Harris County, Texas Trial Court Cause No. 1199676

MEMORANDUM OPINION

On January 6, 2020, relator Johnathon Keith Henry filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator seeks to challenge his felony conviction for the offense of possession of a controlled substance with intent to deliver, which our court affirmed in Henry v. State, No. 14-10-00205-CR, 2011 WL 1160844 (Tex. App.—Houston [14th Dist.] Mar. 31, 2011, mem. op., not designated for publication).

Once a felony conviction becomes final, only the Texas Court of Criminal Appeals has jurisdiction to review post-conviction collateral attacks on those convictions. See Tex. Code Crim. Proc. Ann. art. 11.07; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

Because relator complains about a final felony conviction and only the Court of Criminal Appeals has jurisdiction regarding his complaints, relator’s petition for writ of mandamus is dismissed for want of jurisdiction.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Poissant. Do Not Publish — Tex. R. App. P. 47.2(b).

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Related

Ater v. Eighth Court of Appeals
802 S.W.2d 241 (Court of Criminal Appeals of Texas, 1991)
In Re McAfee
53 S.W.3d 715 (Court of Appeals of Texas, 2001)

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Bluebook (online)
in Re Johnathon Keith Henry, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-johnathon-keith-henry-texapp-2020.