in Re Baltasar D. Cruz

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-09-00219-CR

In re Baltasar D. Cruz

Original Proceeding

MEMORANDUM  Opinion

Baltasar D. Cruz’s application for writ of mandamus is denied.  His emergency motion to stay proceedings is dismissed as moot.

PER CURIAM

Before Chief Justice Gray,

Justice Reyna, and

Justice Davis

Petition denied

Opinion delivered and filed July 13, 2009

[OT06]

for publication).

Only the Court of Criminal Appeals has jurisdiction in final post-conviction habeas corpus proceedings.  Tex. Code Crim. Proc. Ann. art. 11.07; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); 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). This court lacks jurisdiction to grant mandamus relief in matters related to a post-conviction writ application.  See McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992) (Court of Criminal Appeals has jurisdiction to order the trial court to rule on applicant’s post-conviction writ of habeas corpus.); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (concluding that intermediate courts of appeals have no authority to issue writs of mandamus in criminal [ ] matters pertaining to article 11.07 writs).

Id.

            Because the relief that Brown seeks relates to post-conviction habeas corpus relief, we do not have jurisdiction over this original proceeding.  See id. (citing In re Trevino, 79 S.W.3d 794, 795 (Tex. App.—Corpus Christi 2002, orig. proceeding) (holding that court of appeals did not have jurisdiction to issue mandamus directing district court to forward copy of record to inmate for purposes of pursuing post-conviction relief)).  Accordingly, we dismiss the petition for writ of mandamus.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Petition dismissed

Opinion delivered and filed July 13, 2011

Do not publish