in Re: Gary Isaac ( 2022 )

DISMISS and Opinion Filed December 16, 2022
S
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01315-CV
IN RE GARY ISAAC, Relator
Original Proceeding from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F00-00858
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Schenck
In this original proceeding, relator seeks a writ of mandamus directing the trial
court to vacate the trial court’s August 22, 2002 judgment nunc pro tunc, which
relator argues improperly added a deadly weapon finding to the original judgment
convicting him of injury to a child.
This is the second time relator has filed a petition seeking the same relief from
this Court. See In re Isaac, No. 05-17-00536-CV, 2017 WL 2351090 (Tex. App.—
Dallas May 31, 2017, orig. proceeding) (mem. op.). As we have previously
concluded, relator’s request is a collateral attack on his conviction and falls within
the scope of a post-conviction writ of habeas corpus. 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) (explaining that by
granting writ of mandamus to vacate judgment of conviction, court of appeals
usurped exclusive authority of court of criminal appeals to grant post-conviction
relief).
We do not have jurisdiction over relator’s request. Accordingly, we dismiss
the petition for want of jurisdiction.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
221315F.P05
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