In Re: Ryan Wallace v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 24, 2024
• Docket: 05-24-00317-CV
• Status: Published

Opinion

Dismissed and Opinion Filed April 24, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00317-CV

IN RE RYAN WALLACE, Relator

Original Proceeding from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F-1073110

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness In his March 19, 2024 petition for writ of mandamus, relator contends his

2013 felony conviction for sexual assault of a child is void for various reasons, and

he requests this Court compel the trial court to vacate the judgment of conviction.

We lack jurisdiction to entertain the petition. Relator brings a collateral attack

on a final conviction and, therefore, his complaint falls within the scope of a post-

conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal

Procedure. See TEX. CODE OF CRIM. PROC. art. 11.07. The Texas Court of Criminal

Appeals, not this Court, has exclusive jurisdiction in final, post-conviction felony

proceedings. Id.; Ater v. Eighth Ct. of Appeals, 802S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (“We are the only court with jurisdiction in final post-

conviction felony proceedings.”).

Additionally, relator’s petition violates the rules of appellate procedure

because the documents attached in support of the petition contain unredacted

sensitive information, including the name of the complaining witness, who was a

minor at the time of underlying proceeding. See TEX. R. APP. P. 9.9(a)(3),(b);

9.10(a)(3).

Accordingly, we dismiss this proceeding for want of jurisdiction and strike

relator’s petition.

240317f.p05 /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

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