in Re Wesley E. Evans

• Court: Court of Appeals of Texas
• Decided: November 6, 2007
• Docket: 14-07-00897-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Opinion filed November 6, 2007

Petition for Writ of Mandamus Dismissed and Opinion filed November 6, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00897-CV

IN RE WESLEY E. EVANS, 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 23, 2007, Relator, Wesley E. Evans, 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 the petition, relator asks this court to compel the presiding judge of the 351st District Court of Harris County to set aside relator=s two sixty-year sentences for aggravated sexual assault of child because his prior convictions used for purposes of enhancement allegedly are void.  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); see also In re Frazier, No. 05-07-00193, 2007 WL 852889, at *1 (Tex. App.CDallas Mar. 22, 2007, orig. proceeding) (mem. op.) (explaining court of appeals did not have jurisdiction over relator=s petition attacking prior convictions used for enhancement).  This includes assertions of void judgments.  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 did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void). 

Moreover, relator has not provided this court with a certified or sworn copy of the judgments in the sexual assault proceedings.  See Tex. R. App. P. 52.3(j) (requiring certified or sworn copy of Aany order complained of@). 

Because we do not have jurisdiction to grant post-conviction relief, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Petition Dismissed and Opinion filed November 6, 2007.

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