in Re Anthony Whitney Norman

Opinion

Memorandum Opinion Issued January 30, 2020 Withdrawn, Petition for Writ of Mandamus Dismissed, Motion for Rehearing Granted, and Substitute Memorandum Opinion filed March 12, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00039-CR

IN RE ANTHONY WHITNEY NORMAN, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

262nd District Court Harris County, Texas

Trial Court Cause No. 1248767

SUBSTITUTE MEMORANDUM OPINION

On January 17, 2020, relator Anthony Whitney Norman filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52.1 In the petition, relator asks court to compel the Honorable Lori

1 We issued our original Memorandum Opinion on January 30, 2020. Relator filed a motion for rehearing. We grant the motion for rehearing, deny the requested relief, withdraw our prior opinion, and issue this Substitute Memorandum Opinion.

Chambers Gray, presiding judge of the 262nd District Court of Harris County, to rule on his motion to set aside the judgment of conviction because the judge, who presided over his trial in 2011, Judge Denise Bradley, purportedly was constitutionally disqualified to preside over relator’s case, thereby rendering his conviction void.

Relator is seeking habeas corpus relief. While the courts of appeals have mandamus jurisdiction in criminal matters, only the Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Tex. Code Crim. Proc. Ann. art. 11.07 § 5; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991). Therefore, we have no jurisdiction with regard to relator’s request in his petition.

Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Zimmerer, Spain, and Hassan. Do Not Publish — Tex. R. App. P. 47.2(b).