in Re: Sugar Ray Franklin ( 2019 )

DISMISSED and Opinion Filed January 16, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00039-CV
IN RE SUGAR RAY FRANKLIN, Relator
Original Proceeding from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F1155114
MEMORANDUM OPINION
Before Justices Brown, Schenck, and Reichek
Opinion by Justice Reichek
Relator was convicted of aggravated assault with a deadly weapon in 2012, and the trial
court assessed punishment at five years’ confinement. This Court affirmed the conviction on direct
appeal on September 25, 2013. See Franklin v. State, 402 S.W.3d 894, 895 (Tex. App.—Dallas
2013, no pet.). In this original proceeding, relator asks this Court to compel the trial court to vacate
the 2012 judgment and expunge it from relator’s record.
This proceeding is a collateral attack on a final conviction and, therefore, 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 CRIM. PROC. ANN. art. 11.07. Only the Texas Court of Criminal
Appeals has jurisdiction in final, post-conviction felony proceedings. Id; 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, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).
Accordingly, we dismiss this proceeding for want of jurisdiction.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
190039F.P05
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