In Re: Jody Ford McCreary--Appeal from 241st District Court of Smith County

Annotate this Case

Download PDF

NO. 12-08-00480-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS § IN RE: JODY FORD MCCREARY, RELATOR § ORIGINAL PROCEEDING § MEMORANDUM OPINION Jody Ford McCreary has filed a petition for writ of mandamus in which he states that he pleaded guilty to the offense of robbery, a second degree felony, but that the district attorney failed to invoke the jurisdiction of the trial court. Therefore, McCreary asserts, his conviction is void and should be set aside by writ of mandamus. We have previously held that we have no jurisdiction to consider this complaint because it relates to postconviction relief in a felony case. See In re McCreary, No. 12-08-00343-CR, 2008 WL 4335168, at *1 (Tex. App. Tyler 2008, orig. proceeding) (mem. op., not designated for publication) (citing Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991)). The Texas Court of Criminal Appeals has exclusive authority to grant postconviction relief in a felony case. See Ater, 802 S.W.2d at 243. Accordingly, McCreary s petition for writ of mandamus is dismissed. BRIAN HOYLE Justice Opinion delivered December 17, 2008. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH)

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.