NO. 12-06-00009-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
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IN RE: MICHAEL KENNEDY, § ORIGINAL PROCEEDING
RELATOR
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MEMORANDUM OPINION
In this original proceeding, Michael Kennedy seeks an order vacating his 1986 conviction for burglary, asserting that the conviction is void.
Appellant appealed his conviction in appellate cause number 12-86-00248-CR. His conviction became final when we issued our mandate. In a criminal case, mandamus relief is authorized only if the relator establishes that (1) he has no other adequate legal remedy and (2) under the facts and law, the act sought to be compelled is purely ministerial. State ex rel. Hill v. Fifth Court of Appeals, 34 S.W.3d 924, 927 (Tex. Crim. App. 2001). Because Kennedy contends his conviction is void, the proper avenue for seeking relief is by application for writ of habeas corpus. See Tex. Code Crim. Proc. Ann. arts. 11.01, 11.07 (Vernon 2005). Moreover, after carefully reviewing Kennedy’s mandamus petition, we conclude that he has not shown the trial court violated a ministerial duty. Consequently, Kennedy has not shown himself entitled to mandamus relief. Accordingly, the petition for writ of mandamus is denied.
JAMES T. WORTHEN
Chief Justice
Opinion delivered January 18, 2006.
Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.
(PUBLISH)