in Re AndreChamblias

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed November 29, 2007

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed November 29, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00964-CV

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IN RE ANDRE CHAMBLIAS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On November 13, 2007, relator, Andre Chamblias, 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. 52.1.

In the petition, relator asks this court to compel the presiding judge of the 177th District Court of Harris County to set aside relator=s sixty-five-year sentence for aggravated kidnapping as void because only eleven jurors deliberated during the punishment phase after one juror became disabled. 

Although courts of appeals have jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding); In re McAfee, 53 S.W.3d 715, 718 (Tex. App.CHouston [1st Dist.] 2001, orig. proceeding); see also In re Walid, No. 08-04-00345-CR, 2004 WL 3017293, at *1 (Tex. App.CEl Paso 16, 2004, orig. proceeding) (not designated for publication) (holding court did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void). 

Moreover, relator has not filed an affidavit of indigence with his petition.  See Tex. R. App. P. 20.1 (providing party who cannot pay costs may proceed without advance payment if he files an affidavit of indigence in compliance with this rule).  Nor has relator provided this court with a certified or sworn copy of the judgment in the underlying case.  See Tex. R. App. P. 52.3(j) (requiring certified or sworn copy of Aany order complained of@).

Because we do not have jurisdiction to grant post-conviction relief, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed November 29, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.