In Re: Willie Foster Sellers--Appeal from 145th District Court of Nacogdoches County

NO. 12-02-00332-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

IN RE:

 

WILLIE FOSTER SELLERS,

 
ORIGINAL PROCEEDING

RELATOR

 
PER CURIAM

Relator Willie Foster Sellers ("Relator") seeks a writ of mandamus compelling the 145th District Court of Nacogdoches County to rescind its order entitled "Corrected Sentence" signed on March 6, 1989. Specifically, he complains that he was originally sentenced on November 12, 1979 and that the 1989 "Corrected Sentence" order improperly cumulates his state sentence and the sentences imposed in two prior federal convictions. Relator further points out that the cumulation of federal and state sentences was not permitted by law at the time of his conviction.

Mandamus is only available where the relator has no other adequate remedy at law. State ex rel. Vance v. Routt, 571 S.W.2d 903, 907 (Tex. Crim. App. 1978). Here, Relator's remedy is to file a petition for writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). Accordingly, Relator's petition for writ of mandamus is denied.

 

Opinion delivered November 25, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 

(DO NOT PUBLISH)