Court of Civil Appeals of Texas, 2020

in Re Johnathon Keith Henry

in Re Johnathon Keith Henry
Court of Civil Appeals of Texas · Decided January 23, 2020

in Re Johnathon Keith Henry

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed January 23, 2020.

In The Fourteenth Court of Appeals NO. 14-20-00007-CR

IN RE JOHNATHON KEITH HENRY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 182nd District Court Harris County, Texas Trial Court Cause No. 1199676 MEMORANDUM OPINION On January 6, 2020, relator Johnathon Keith Henry filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator seeks to challenge his felony conviction for the offense of possession of a controlled substance with intent to deliver, which our court affirmed in Henry v. State, No. 14-10-00205-CR, 2011 WL 1160844 (Tex. App.—Houston [14th Dist.] Mar. 31, 2011, mem. op., not designated for publication).

Once a felony conviction becomes final, only the Texas Court of Criminal Appeals has jurisdiction to review post-conviction collateral attacks on those convictions. See Tex. Code Crim. Proc. Ann. art. 11.07; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding).

Because relator complains about a final felony conviction and only the Court of Criminal Appeals has jurisdiction regarding his complaints, relator’s petition for writ of mandamus is dismissed for want of jurisdiction.

PER CURIAM Panel consists of Justices Wise, Jewell, and Poissant.

Do Not Publish — Tex. R. App. P. 47.2(b).

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