Dismissed and Opinion Filed October 22, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01324-CV
No. 05-14-01325-CV
IN RE DONALD GENE BLANTON, Relator
Original Proceeding from the 86th Judicial District Court
Kaufman County, Texas
Trial Court Cause Nos. 23078-86, 23592-86
MEMORANDUM OPINION
Before Chief Justice Wright, Justice FitzGerald, and Justice Francis
Opinion by Chief Justice Wright
Relator filed this petition for writ of mandamus contending that the trial court improperly
denied his motion to suppress in his 2005 trial. A grand jury indicted Donald Gene Blanton on
two charges: (1) possession of cocaine in an amount less than one gram and (2) tampering with
evidence. Blanton v. State, No. 05-05-01060-CR, 2006 WL 2036615 (Tex. App.—Dallas July
21, 2006, pet. ref'd) (mem. op., not designated for publication). The case was tried to a jury.
The jury convicted him of both offenses and assessed an enhanced punishment of twenty years in
the possession case and life in the tampering case. Id. This Court affirmed the conviction. Id.
Relator’s petition represents an attempt to collaterally attack his criminal conviction.
While the courts of appeals have concurrent mandamus jurisdiction with the court of criminal
appeals in some post-conviction proceedings, Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex.
Crim. App. 2003) (forensic DNA testing), only the court of criminal appeals has jurisdiction in
cases collaterally attacking a final judgment of conviction of a felony. In re McAfee, 53 S.W.3d
715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). The intermediate courts of
appeals have no original jurisdiction over petitions for habeas corpus relief in connection with
criminal proceedings. TEX. GOV'T CODE ANN. § 22.221(d) (West 2004) (limiting habeas corpus
jurisdiction of intermediate courts of appeals to civil matters); TEX. CODE CRIM. PROC. ANN. art.
11.05 (West 2005) (granting original jurisdiction in cases seeking writs of habeas corpus in
criminal cases to the court of criminal appeals, districts courts, and county courts). Because we
lack jurisdiction over this original proceeding, we DISMISS the petition.
141324F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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