in Re Lizabeth Osorio

Court of Appeals of Texas·Decided March 11, 2021·No. 01-21-00021-CR·Published

Opinion

Opinion issued March 11, 2021

In The

Court of Appeals

For The

First District of Texas

evidence, the possibility of commutation of her sentence, and whether the sentence imposed was harmful.1 Osorio does not state whether she appealed her conviction.

The sole method for collaterally attacking a felony conviction is an application for writ of habeas corpus as described in Article 11.07 of the Code of Criminal Procedure. See In re Harrison, 187 S.W.3d 199, 200 (Tex. App.—Texarkana 2006, orig. proceeding); In re Brown, No. 14-08-00022-CV, 2008 WL 450274, at *1 (Tex. App.—Houston [14th Dist.] Feb. 21, 2008, orig. proceeding); TEX. CODE CRIM. PROC. art. 11.07. Because the remedy afforded by Article 11.07 is adequate, relator has not shown that she is entitled to mandamus relief. See State ex. Rel. Young v. Sixth Jud. Dist. Court of Appeals, 236 S.W.3d 207, 210 (Tex. Crim. App. 2007) (to obtain mandamus relief in criminal case, relator must show act sought to be compelled is ministerial and relator lacks adequate remedy at law).

We deny relator’s petition.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Hightower.

Do not publish. TEX. R. APP. P. 47.2(b).

1 The underlying case is The State of Texas v. Lizbeth Ororio, cause number 1491454, pending in the 351st District Court of Harris County, Texas, the Honorable Natalia Cornelio presiding.

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Related

In Re Harrison
187 S.W.3d 199 (Court of Appeals of Texas, 2006)
State ex rel. Young v. Sixth Judicial District Court of Appeals at Texarkana
236 S.W.3d 207 (Court of Criminal Appeals of Texas, 2007)