Dismissed in part, Denied in part, and Opinion Filed September 18, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01079-CV
IN RE TROY ALAN STILLS, Relator
Original Proceeding from the 397th Judicial District Court
Grayson County, Texas
Trial Court Cause No. 063589
MEMORANDUM OPINION
Before Justices Francis, Brown, and Whitehill
Opinion by Justice Francis
In this original proceeding, relator asks this Court to order the trial court to grant certain
motions purportedly pending in the trial court, correct the degree of felony in his conviction, and
reduce his sentence. This proceeding is a collateral attack on a final conviction and, therefore,
falls within the scope of a post-conviction writ of habeas corpus under article 11.07 of the Texas
Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only
the Texas Court of Criminal Appeals has jurisdiction in final, post-conviction felony
proceedings. Id; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991)
(orig. proceeding); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001,
orig. proceeding). Accordingly, we dismiss this proceeding for want of jurisdiction to the extent
relator attacks his final conviction.
To the extent relator seeks only a writ directing the trial court to rule on certain motions,
we deny the petition because relator has not provided the Court with a record establishing that
the motions were properly filed and presented to the trial court, relator requested a hearing or
ruling on the motions, and the trial court refused to rule or failed to rule within a reasonable time.
As such, relator is not entitled to mandamus relief. See TEX. R. APP. P. 52.3(k)(1)(a), 52.7(a);
see also In re Harris, No. 14–07–231–CV, 2007 WL 1412105, at *1 (Tex. App.—Houston [14th
Dist.] May 15, 2007, orig. proceeding) (mem. op.) (holding relator not entitled to mandamus
relief when record did not show relator alerted trial court of motion by setting it for submission
or hearing).
/Molly Francis/
MOLLY FRANCIS
JUSTICE
171079F.P05
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