in Re Andre Jones ( 2020 )

Opinion issued April 7, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00202-CR
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IN RE ANDRE JONES, Relator
On Appeal from the 182nd District Court
Harris County, Texas
Trial Court Cause No. 917355
MEMORANDUM OPINION
On August 7, 2003, relator, Andre Jones, was convicted of aggravated
sexual assault and sentenced to 45 years in prison (trial court cause number
917355).1 Appellant appealed his conviction and we issued an opinion affirming
the conviction on January 27, 2005. See Jones v. State, No. 01-03-00828-CR,
2005 WL 174484, at *5 (Tex. App.—Houston [1st Dist.] Jan. 27, 2005, no pet.)
(mem. op., not designated for publication). Our mandate issued on June 15, 2005.
On March 5, 2020, relator filed a petition for writ of mandamus, arguing that
this Court should order the respondent to release him from an extraordinary
restraint.
Relator’s mandamus petition is a collateral attack on a final felony
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. art. 11.07. Article 11.07 provides the exclusive means to
challenge the conviction. See id.; Padieu v. Court of Appeals of Tex., Fifth Dist.,
392 S.W.3d 115, 117 (Tex. Crim. App. 2013). Although “the courts of appeals
have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal
Appeals has jurisdiction in final post-conviction felony proceedings.” In re
McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig.
proceeding); see also In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.—Houston
[14th Dist.] 2006, orig. proceeding) (“Article 11.07 contains no role for the courts
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The underlying case is State of Texas v. Andre Jones, cause number 917355,
pending in the 182nd District Court of Harris County, Texas, the Honorable
Danilo Lacayo, presiding.
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of appeals.”). Accordingly, we do not have jurisdiction over relator’s mandamus
petition.
We dismiss the petition for want of jurisdiction. We overrule any pending
motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Kelly and Goodman.
Do not publish. TEX. R. APP. P. 47.2(b).
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