in Re Lawrence Kevin Billings

• Court: Court of Appeals of Texas
• Decided: January 27, 2011
• Docket: 14-11-00028-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 27, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00028-CR

IN RE LAWRENCE KEVIN BILLINGS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

351^st District Court

Harris, County, Texas

Trial Court No. 888561

MEMORANDUM  OPINION

On January 12, 2011, relator Lawrence Kevin Billings filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann §22.221; see also Tex. R. App. P. 52.1. In his petition, relator asks that this court compel the respondent, the Honorable Mark Kent Ellis, presiding judge of the 351st District Court in Harris County, to vacate relator’s judgment of conviction for aggravated assault.  We dismiss for want of jurisdiction.

In 2002 a jury convicted relator of aggravated assault and sentenced him to confinement for 25 years in the Institutional Division of the Texas Department of Criminal Justice.  This court affirmed his conviction.  Billings v. State, No. 14-02-00861-CR, 2003 WL 22996914 (Tex. App.—Houston [14th Dist.] Dec. 23, 2003, no pet.) (not designated for publication).

The substance of the relief sought by relator in his petition is habeas corpus relief following a final felony conviction.  Article 11.07 of the Texas Code of Criminal Procedure provides the exclusive means to challenge a final felony conviction.  Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995).  Such an application for writ of habeas corpus is returnable to the Court of Criminal Appeals.  The court of appeals does not have jurisdiction.  Id.

Accordingly, we dismiss relator’s petition for lack of jurisdiction.

                                                                                    PER CURIAM

Panel consists of Justices Justices Anderson, Seymore, and McCally.

Do Not Publish — Tex. R. App. P. 47.2(b).