in Re Arturo Neri Prado

Court of Appeals of Texas·Decided May 19, 2010·No. 04-10-00321-CR·Published

Opinion



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MEMORANDUM OPINION

No. 04-10-00321-CR


IN RE Arturo Neri PRADO


Original Mandamus Proceeding

PER CURIAM

Sitting:            Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: May 19, 2010 


PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

            On April 26, 2010, relator Arturo Neri Prado filed a petition for writ of mandamus, seeking relief from his final felony conviction. However, this court does not have jurisdiction to grant the requested relief. Only the Court of Criminal Appeals has jurisdiction relating to final post-conviction felony proceedings. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2009); 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 dismissed for lack of jurisdiction.

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Related

Board of Pardons & Paroles Ex Rel. Keene v. Court of Appeals for the Eighth District
910 S.W.2d 481 (Court of Criminal Appeals of Texas, 1995)