in Re Leroy Ray Jacobson

• Court: Court of Appeals of Texas
• Decided: January 17, 2008
• Docket: 14-08-00003-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Opinion filed January 17, 2008

Petition for Writ of Mandamus Dismissed and Opinion filed January 17, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00003-CV

IN RE LEROY RAY JACOBSON, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 4, 2008, Relator, Leroy Ray Jacobson, filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. 

Relator requests that we compel respondent, the presiding judge of the 337th District Court, Harris County, to enforce the judgment of conviction because allegedly officials at the Texas Department of Criminal Justice, without authority, imposed a sentence that is longer than his original sentence after his parole was revoked, subjecting him to double jeopardy. 

Relator seeks post-conviction habeas relief.  Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 718 (Tex. App.CHouston [1st Dist.] 2001, orig. proceeding).  This includes assertions of void sentences.  Cf. In re Walid, No. 08-04-00345-CR, 2004 WL 3017293, at *1 (Tex. App.CEl Paso Dec. 16, 2004, orig. proceeding) (not designated for publication) (holding court of appeals did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void). 

Because we do not have jurisdiction, the petition for writ of mandamus is ordered dismissed. 

PER CURIAM

Petition Dismissed and Memorandum Opinion filed January 17, 2008.

Panel consists of Justices Fowler, Frost, and Seymore.