COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-14-00253-CV
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IN RE: JAMES SCOTT, AN ORIGINAL PROCEEDING
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Relator. IN MANDAMUS
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MEMORANDUM OPINION
James Scott, Relator, has filed a petition for writ of mandamus against the Honorable
Maria Salas-Mendoza, Judge of the 120th District Court of El Paso County, Texas, and against
El Paso County District Clerk, Norma Favela, asking that we order them to expunge all
references to a criminal case which was used for enhancement purposes in cause number 81692-
120. We dismiss the mandamus petition for want of jurisdiction.
A court of appeals has jurisdiction to issue a writ of mandamus against certain judges
within its geographic district. TEX.GOV’T CODE ANN. § 22.221(b)(West 2004). A court of
appeals also has authority to issue a writ of mandamus if it is necessary to enforce its
jurisdiction. Id. § 22.221(a). Relator does not have any appeals pending before this Court and
he has not shown that issuance of the writ is necessary to enforce our appellate jurisdiction.
Accordingly, we do not have jurisdiction to issue the writ of mandamus against the District
Clerk.
Relator also asks that we grant mandamus relief against Judge Salas-Mendoza. Relator
was convicted in 1996 of aggravated robbery in El Paso County in cause number 81692-120. He
alleges that a prior conviction used for enhancement purposes1 in cause number 81692-120 was
subsequently expunged in 2006 and Judge Salas-Mendoza has refused to remove any references
to “the expunged case” from the records related to cause number 81692-120. He requests that
we order Judge Salas-Mendoza to remove all references to the expunged case from the records of
his conviction in cause number 81692-120. Relator is effectively challenging the validity of his
final felony conviction for aggravated robbery in cause number 81692-120. An attack on the
validity of a final felony conviction can only be raised by writ of habeas corpus. The Court of
Criminal Appeals has exclusive jurisdiction to grant relief in a post-conviction habeas corpus
proceeding where there is a final felony conviction. Padieu v. Court of Appeals of Texas, Fifth
District, 392 S.W.3d 115, 117 (Tex.Crim.App. 2013); Ex parte Alexander, 685 S.W.2d 57, 60
(Tex.Crim.App. 1985); TEX.CODE CRIM.PROC.ANN. art. 11.07 §5 (West Supp. 2013).
Consequently, we dismiss the mandamus petition for lack of jurisdiction.
September 18, 2014
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, J., and Barajas, C.J., (Senior Judge)
(Barajas, C.J., Senior Judge, sitting by assignment, not participating)
1
Because the case has been expunged we intentionally have not made any reference to the cause number or any
other details about the case. We will instead refer to it as “the expunged case.”