Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 21, 2008.
In The
Fourteenth Court of Appeals
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NO. 14-08-00022-CV
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IN RE CLARENCE BROWN, SR., Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On February 6, 2008, relator, Clarence Brown, Sr. filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relators challenges his 1995 conviction for burglary of a habitation with intent to commit an aggravated assault.
Relator=s only remedy for post-conviction relief is by habeas corpus, not by mandamus. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2007). See also In re Haynes, 2006 WL 3307012, *1 (Tex. App.BDallas 2006, orig. proceeding)(where relator sought post-conviction relief from his convictions, courts of appeals have no authority to issue writs of mandamus); In re Harrison, 187 S.W.3d 199, 200 (Tex. App.BTexarkana, orig. proceeding)(sole method for collateral attack on a felony conviction is through an application for writ of habeas corpus and relator not entitled to a writ of mandamus to challenge his conviction); In re Clark, 2002 WL 31015516 *1 (Tex. App.BSan Antonio 2002, orig. proceeding)(mandamus is not the proper vehicle to seek reversal of conviction).
Because relator is not entitled to mandamus relief to challenge his felony conviction, we deny the petition.
PER CURIAM
Petition Denied and Memorandum Opinion filed February 21, 2008.
Panel consists of Justices Yates, Guzman, and Brown.