in Re: Andre Leon Ester

• Court: Court of Appeals of Texas
• Decided: May 15, 2012
• Docket: 14-12-00437-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 15, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00437-CR ____________

IN RE ANDRE LEON ESTER, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 176th District Court Harris County, Texas Trial Court No. 739367

MEMORANDUM OPINION

On May 4, 2012, relator, Andre Leon Ester, filed a petition for writ of mandamus in this court. See Tex. Gov’t Code §22.221; see also Tex. R. App. P. 52.1. In his petition, realtor asks that we direct the respondent, the presiding judge of the 176th District Court, to set aside his final felony conviction in cause number 739367.1

This court lacks jurisdiction to grant the requested relief. Only the Texas Court of

1 Relator also states that he seeks issuance of a writ of error coram nobis, a procedure used to challenge a federal conviction for alleged errors not evident on the face of the record. See Sinclair v. State, 679 F.2d 513, 515 (5th Cir. 1982). State courts construe such writs as petitions for writ of habeas corpus. See In re Randle, No. 02-05-01087-CR, 2006 WL 1767833, *1 (Tex. App.—Houston [1st Dist.] June 29, 2006, orig. proceeding) (not designated for publication). 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. art. 11.07; Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that article 11.07 provides the exclusive means to challenge a final felony conviction).

Accordingly, relator’s petition for writ of mandamus is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Brown. Do Not Publish – Tex. R. App. P. 47.2(b).