in Re: Ronald Dewayne Whitfiled

• Court: Court of Appeals of Texas
• Decided: October 9, 2008
• Docket: 14-08-00916-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 9, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed October 9, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00914-CV

NO. 14-08-00915-CV

NO. 14-08-00916-CV

NO. 14-08-00917-CV

IN RE RONALD DWAYNE WHITFIELD, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On October 2, 2008, relator, Ronald Dwayne Whitfield, 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.  In his petition, relator complains that his convictions in the 174th and 337th District Courts are not final because the judgments were not entered of record.  Relator requests that we compel the presiding judges of the 174th and 337th District Courts to enter judgments nunc pro tunc. 

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).  This includes assertions of void convictions.  See 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 over the requested relief, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed October 9, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.