## NO. 12

- 22

- 00322

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

IN RE:

RICHARD WAYNE TAYLOR ,
RELATOR §
§
§ ORIGINAL PROCEEDING

MEMORANDUM OPINION PER CURIAM Richard Wayne Taylor was convicted of murder and sentenced to life in prison on November 19, 2015. This Court affirmed the conviction. 1 On December 22 , 2022, Relator filed
this p ro se original proceeding seeking a writ ordering Respondent to vacate the “ void ” judgment
in which he was convicted and sentenced , dismis s the indictment, and release him from prison

. 2 The appropriate method for collaterally attacking a final felony co nv iction is by a petition for writ of habeas corpus. T EX

. C ODE C RIM

. P ROC

. A NN

. art. 11.07 (West 2005)

. This Court has no jurisdiction over complaints that may be raised only by postconviction habeas corpus proceedings brou ght under Article 11.07

. See id . arts. 11.05 , 11.07 (West 2005)

. Only the court
of crimina l appeals has jurisdiction in postconviction challenges to final fe lony convictions. See Ater v. Eighth Court of Appeals , 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (in granting writ of mandamus to vacate conviction appellate cou rt found void , court

o f appeals usurped exclusive authority of court of criminal appeals to grant postconviction relief); see also In re Brager , No. 12

- 20

- 00203

- CR, 2020 WL 5552618, a t * 1

- 2 (Tex. App.

— Tyler Sept. 16, 2020, orig. proceeding) (per curiam) (mem. op., not designated for publication)

1 See Taylor v. S tate , No. 12

- 15

- 00299

- CR, 2017 WL 2962988 (Tex. Ap p.

— Tyler July 12, 2017, pet. ref ’d) (mem. op., not designated for publication).

2 Res pondent i s the Honorable Todd Kassaw , Judge of the 159th District Court in An gelina County, Texas. Judge Paul E. White presided over Relator ’s case but has s ince retired. The Real Party in Interest is the State of Texas.2 (denying mandamus pet ition seeking to compel respondent to withdraw allegedly void cumulation order and judgment of felony conviction); In re Jackson , No. 01

- 19

- 00934

- CR, 2019 WL 6703945, at *1 (Tex. App.

— Ho uston [1st Dist.] Dec. 10, 2019, orig. proceeding) (per curiam) (mem. op., not designated for publication) (appellate c our t lacked jurisdiction to issue writ directing trial court to vacate void judgment); Noble v. State , No. 05

- 17

- 01409

- CR, 2017 WL 6547083, at *2 (Tex. App.

— Dallas Dec. 22, 2017, pet. re f'd ) (mem. op., not desi gnated for publication) (to extent appellant sought to challenge purportedly void judgment by filing post

convi c tion habeas application, appellate court had no jurisdiction over such proceedings). Accordingly, we deny Relator ’ s peti ti on for writ of mandamu s

. All pending motions are
overruled as moot

. Opinion delivered January 19 , 2023. Panel consisted of Worthen, C .J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)3 

## COURT OF APPEALS

TWELFTH COURT OF APPEA LS DISTRICT OF TEXAS

JUDGMENT

JANUARY 19, 2023

NO. 12-22-00322- CR

RICHARD WAYNE TAYLOR , Relator V.

HON. TOD D KASS AW, Respondent

O RIGINAL P ROCEEDING

ON THIS DAY came to be heard the petition for writ of mandamus filed by Richard Wayne Taylor ; wh o is the relator in appellate cause number 12 -22-00322- CR and the
defendant in trial court cause number 2014-0049 , formerl y pending on the docket of the 159th
Judicial District Court of Angelina County , Texas. Said petition for writ of mandamus having
bee n f iled her ein on D ecember 22, 2022 , and the same having been duly considered, because it is the opinion of this Court tha t the writ should not issue , it is therefore CONSIDERED, ADJUDGED and ORDERED that the said petition for writ of mandamus be, and the sam e is, hereby denied

. By per curiam opinion. Panel c onsisted of Worthen, C.J., Hoyle, J. and Neeley, J.