Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 20,
2011.
In The
Fourteenth Court of Appeals
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NO. 14-11-00845-CR
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IN RE THOMAS FLORENCE, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
56th District Court
Galveston County, Texas
Trial Court Cause No. 10CR1217
MEMORANDUM OPINION
On September 29, 2011, relator 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. Relator
claims his conviction is void due to defects in the charging instrument.
Texas Code of Criminal Procedure article 11.07 governs the procedure for obtaining
post-conviction relief from a final felony conviction. See Tex. Code Crim. Proc. Ann. art.
11.07 (West Supp. 2010). Article 11.07 provides no role for the courts of appeals in this
process. See id. Only the Texas Court of Criminal Appeals has jurisdiction over matters
related to post-conviction relief from a final felony conviction. See Ater v. Eighth Court
of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); Board of Pardons & Paroles ex rel. Keene v.
Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding
that article 11.07 provides the exclusive means to challenge a final felony conviction).
Accordingly, we are without jurisdiction to declare relator’s conviction void and order his
release.
Relator's petition is dismissed for lack of jurisdiction. Tex. R. App. P. 52.8(a).
PER CURIAM
Panel consists of Justices Brown, Boyce, and McCally.
Do Not Publish — Tex. R. App. P. 47.2(b).
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