The opinion
Opinion issued June 27, 2013.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00485-CR
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IN RE ELDRIDGE MCKNIGHT, JR., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Eldridge McKnight, Jr., pleaded guilty to the offense of aggravated sexual
assault of a child. 1 In January 2001, the trial court accepted McKnight’s plea,
deferred adjudication on the charge, and sentenced McKnight to six years’
community supervision. In December 2005, the trial court revoked McKnight’s
community supervision and sentenced him to eight years’ confinement. McKnight
1
The underlying case is State v. McKnight, No. 31,585, in the 240th District Court
of Fort Bend County, Texas.
has filed a pro se petition for writ of mandamus, contending that his conviction and
sentence are void because (1) a person convicted of aggravated sexual assault of a
child is not eligible for community supervision, (2) the statute of limitations
expired before he was indicted, and (3) an associate judge rendered the judgment.
McKnight seeks relief from a final felony conviction. This Court is without
jurisdiction to grant such relief because the exclusive remedy for final felony
convictions is a writ of habeas corpus. See TEX. CODE CRIM. PROC. ANN. art. 11.07
(West 2005); Bd. of Pardons & Paroles ex rel. Keene v. Court of Appeals for the
Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re McAfee, 53
S.W.3d 715, 717−18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding). And
only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction
habeas corpus proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.07; Bd. of
Pardons & Paroles ex rel. Keene, 910 S.W.2d at 483; In re McAfee, 53 S.W.3d at
717−18. Accordingly, we dismiss the petition for writ of mandamus for lack of
jurisdiction, and we dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Jennings, Brown, and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
2