In Re Byron Lynn Lucas--Appeal from Criminal District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-09-00567-CV ____________________ IN RE BYRON LYNN LUCAS Original Proceeding MEMORANDUM OPINION Byron Lynn Lucas filed a petition for writ of mandamus and a petition for writ of prohibition, both of which we address herein. In each, Lucas complains of four allegedly invalid cumulation orders. In a previous mandamus proceeding filed by Lucas concerning the same issue, this Court concluded (1) that the record did not support Lucas s claim that the State prosecuted all of the cases in a single criminal action, (2) that article 11.07 of the Texas Code of Criminal Procedure provides the exclusive post-appellate vehicle for challenging a final felony conviction, and (3) that Lucas had failed to demonstrate that he could not have challenged the cumulation orders through regular appeal or habeas corpus. See In re Lucas v. State, No. 09-07-157 CV, 2007 WL 1087134, at *1 (Tex. App.--Beaumont 1 Apr. 12, 2007, orig. proceeding) (not designated for publication). Lucas has not shown that he is entitled to the relief requested in the petition for writ of mandamus or the petition for writ of prohibition. Accordingly, we deny the petition for writ of mandamus and the petition for writ of prohibition. PETITIONS DENIED. PER CURIAM Opinion Delivered January 21, 2010 Before Gaultney, Kreger, and Horton, JJ. 2
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