in Re Lester Davis ( 2020 )

IN THE
TENTH COURT OF APPEALS
No. 10-20-00096-CR
IN RE LESTER DAVIS
Original Proceeding
MEMORANDUM OPINION
Lester Davis, an inmate, requests that we grant his petition for writ of mandamus
and order the trial court to withdraw his judgment of conviction and release him from
confinement. Davis claims that the indictment against him was “fraudulent” because it
was not the product of the January 2012 grand jury.
We affirmed Davis’s judgment on direct appeal. See Davis v. State, No. 10-13-
00390-CR, 2014 WL 2946420 (Tex. App.—Waco June 26, 2014) (mem. op., not designated
for publication). Davis’s petition for discretionary review was refused by the Texas Court
of Criminal Appeals. Davis’s numerous petitions for habeas corpus have also been
rejected by the Texas Court of Criminal Appeals, resulting in sanctions imposed against
him by that court for abuse of the writ. See Ex parte Davis, No. WR-33,426-18, 2018 WL
3569033 (Tex. Crim. App. July 25, 2018) (order).
Once a felony conviction becomes final, as in this case, only the Texas Court of
Criminal Appeals has jurisdiction to review post-conviction collateral attacks on that
conviction. See TEX. CODE CRIM. PROC. ANN. art. 11.07; Ater v. Eighth Court of Appeals, 802
S.W.2d 241, 243 (Tex. Crim. App. 1991); In re McIntosh, No. 10-19-00442-CR, 2019 WL
6954204, at *1 (Tex. App.—Waco Dec. 18, 2019, no pet.).
Accordingly, because Davis complains about a final felony conviction and only the
Court of Criminal Appeals has jurisdiction regarding his complaints, Davis’s petition for
writ of mandamus is dismissed for want of jurisdiction.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Petition dismissed
Do not publish
Opinion delivered and filed March 23, 2020
[OT06]
In re Davis Page 2