in Re Alfred Henderson

• Court: Court of Appeals of Texas
• Decided: May 23, 2013
• Docket: 14-13-00420-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 23, 2013.

In The

Fourteenth Court of Appeals

NO. 14-13-00420-CR

IN RE ALFRED HENDERSON, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS On Appeal from the 177th District Court Harris County, Texas Trial Court Cause No. 1286281-A

MEMORANDUM OPINION

On May 14, 2013, relator filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. §22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel Chris Daniel, the District Clerk of Harris County, Texas, to transmit his application for writ of habeas corpus to the Court of Criminal Appeals. See Tex. Code Crim. Proc. art. 11.07 §3(b).

This court’s power to issue writs is defined in Section 22.221 of the Texas Government Code. Section 22.221 grants the courts of appeals the authority to issue (1) writs of mandamus and other writs necessary to enforce their jurisdiction; (2) writs of mandamus against a judge of a district or county court in the court of appeals’s district; and (3) writs of habeas corpus under specifically defined circumstances involving contempt orders in civil cases. Tex. Gov’t Code § 22.221.

Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from a final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991); see also Tex. Code Crim. Proc. Ann. art. 11.07. Accordingly, the relief requested is not necessary to enforce the jurisdiction of our court. But see Gibson v. Dallas Cnty. Dist. Clerk, 275 S.W.3d 491 (Tex. Crim. App. 2009) (the Court of Criminal Appeals conditionally granted mandamus relief and directed the district clerk to forward the application and related records).

This proceeding is, therefore, dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Boyce, Jamison, and Busby. Do Not Publish — Tex. R. App. P. 47.2(b).