NO. 12-14-00149-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN RE: KEVIN REVELS,

RELATOR

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ORIGINAL PROCEEDING

MEMORANDUM OPINION

In 1993, Relator Kevin Revels was convicted of aggravated assault on a correctional 

officer with a deadly weapon. This court affirmed his conviction. See generally No. 

12-93-00325-CR (Tex. App.–Tyler June 29, 1995, pet. ref’d) (per curiam). In this original 

mandamus proceeding, Relator asserts that his conviction is void because it was obtained by a 

“prison special prosecutor.” Thus, he requests this court to make a finding that the trial court 

was not to allow the use of a special prosecutor to obtain a conviction. He also requests a writ of 

mandamus “to have the illegal order of conviction removed and set the case back at time of 

arrest of Relator.” The respondent is the Honorable Pam Fletcher, Judge of the 349th Judicial 

District Court, Houston County, Texas.

Initially, we note that a void judgment is a “nullity” and can be attacked at any time. Nix 

v. State, 65 S.W.3d 664, 667-68 (Tex. Crim. App. 2001). A judgment for conviction of a crime 

is void when (1) the document purporting to be a charging instrument does not satisfy the 

constitutional requisites of a charging instrument, and thus the trial court has no jurisdiction over 

the defendant; (2) the trial court lacks subject matter jurisdiction over the offense charged, such 

as when a misdemeanor involving official misconduct is tried in a county court at law; (3) the 

record reflects that there is no evidence to support the conviction; or (4) an indigent defendant is 

required to face criminal trial proceedings without appointed counsel, when such has not been 

waived. Id. Although this list has not been characterized as exclusive, “it is very nearly so.” Id. 
2

at 668. Relator has not shown that any of these circumstances are present here. Therefore, we 

cannot agree that the judgment of conviction in this case is void.

Additionally, we have previously addressed Relator’s complaint regarding the special 

prosecutor in another mandamus proceeding. See generally In re Revels, No. 12-11-00407-CR, 

2012 WL 343957 (Tex. App.–Tyler Jan. 31, 2012, orig. proceeding) (per curiam) (mem. op., not 

designated for publication). As we stated in that opinion, the court of criminal appeals has 

exclusive authority to grant postconviction relief from a final felony conviction. See Ater v. 

Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). Relator informs us that 

he has already raised this issue by filing several postconviction petitions for writ of habeas 

corpus, but has failed to obtain relief. Nevertheless, this court does not have jurisdiction to 

address his complaint. See id.

Because the court of criminal appeals has exclusive authority to grant postconviction 

relief from a final felony conviction, we have no jurisdiction to consider Relator’s petition for 

writ of mandamus. Accordingly, the petition is dismissed. 

JAMES T. WORTHEN

 Chief Justice

Opinion delivered June 11, 2014.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JUNE 11, 2014

NO. 12-14-00149-CR

KEVIN REVELS,

Relator

V.

HON. PAM FLETCHER,

Respondent

ORIGINAL PROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed 

by KEVIN REVELS, who is the defendant in Cause No. 14,115-CR, pending on the docket of 

the 349th Judicial District Court of Houston County, Texas. Said petition for writ of mandamus 

having been filed herein on June 9, 2014, and the same having been duly considered, because it 

is the opinion of this Court that this Court lacks jurisdiction to consider Relator’s petition for writ 

of mandamus, it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition 

for writ of mandamus be, and the same is, hereby DISMISSED FOR WANT OF JURISDICTION.

James T. Worthen, Chief Justice.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.