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in Re Robert Joseph Schmitt
Citation: Not availableDocket: 05-19-00870-CV
Court: Court of Appeals of Texas; August 15, 2019; Texas; State Appellate Court
Original Court Document: View Document
Relator Robert Joseph Schmitt sought a writ of mandamus to compel the trial court to rule on his "Motion to Alter or Amend the Judgment to Correct an Unauthorized and Illegal Sentence." Schmitt is serving a twenty-year sentence for two counts of aggravated sexual assault of a child. The Court previously dismissed a similar petition for lack of jurisdiction, stating that such claims must be raised via a post-conviction application under Article 11.07 of the Texas Code of Criminal Procedure. The current petition is viewed as a refiled version of the earlier one, with the motion constituting a collateral attack on the judgment, thus falling under the exclusive jurisdiction of the Court of Criminal Appeals for Article 11.07 matters. The Court reiterated its lack of jurisdiction and dismissed the proceeding.