in Re Nasario Vasquez

Court of Appeals of Texas·Decided March 11, 2021·No. 01-21-00005-CR·Published

Opinion

Opinion issued March 11, 2021

In The

Court of Appeals

For The

First District of Texas

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 his entitlement 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 the petition. Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Kelly, Landau, and Hightower.

Do not publish.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

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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)