NO. 12-11-00245-CR

IN THE COURT OF APPEALS         

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE:                                                            §                     

WILLIE J. BILLINGTON,                           §                      ORIGINAL PROCEEDING

RELATOR                                                     §                     

MEMORANDUM OPINION

PER CURIAM

            Relator Willie J. Billington seeks a writ of mandamus “to correct or vacate the [illegal] judgement [sic] and sentence” relating to his conviction for burglary of a habitation.  We dismiss the petition.

            Relator is currently serving a sentence of life imprisonment after being convicted in 2007 for burglary of a habitation.  In this proceeding, he urges that (1) the sentence was obtained by a violation of the protection against double jeopardy; (2) the conviction was obtained by use of evidence obtained pursuant to an unlawful arrest; and (3) his conviction is a fundamental miscarriage of justice because of his actual innocence. 

            Although Relator characterizes the relief he seeks as mandamus relief, he is, in substance, seeking habeas relief from a final felony conviction.  See Tex. Code Crim. Proc. Ann. art. 11.07 § 1 (West Supp. 2010).  We are not authorized to act on a petition for writ of habeas corpus seeking relief from a final felony conviction.  See Tex. Gov’t Code Ann. § 22.221(d) (West 2004).  The Texas Court of Criminal Appeals has exclusive jurisdiction over postconviction writs of habeas corpus in felony cases.  Tex. Code Crim. Proc. Ann. art. 11.07 § 3 (West Supp. 2010).  Therefore, we are without jurisdiction to consider Relator’s complaints.  Accordingly, Relator’s petition is dismissed.

Opinion delivered August 17, 2011.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)