in Re Arturo Neri Prado
This text of in Re Arturo Neri Prado (in Re Arturo Neri Prado) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
• • • • • •
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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