In Re: Willie J. Billington--Appeal from 7th District Court of Smith County
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NO. 12-11-00245-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN RE: § WILLIE J. BILLINGTON, § RELATOR § ORIGINAL PROCEEDING 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 Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH)
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