in Re Charles Edward Davis

• Court: Court of Appeals of Texas
• Decided: July 28, 2011
• Docket: 14-11-00581-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 28, 2011.

In The

Fourteenth Court of Appeals

NO. 14-11-00581-CR

In Re CHARLES EDWARD DAVIS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

230th District Court

Harris County, Texas

Trial Court Cause No. 898389

MEMORANDUM   OPINION

On July 5, 2011, relator Charles Edward Davis 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.  In the petition, relator seeks to challenge a final felony conviction and punishment.

While the courts of appeals have mandamus 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. 1991).  This court has no authority to issue a writ of mandamus to compel a district court judge to rule on matters seeking post-conviction relief from final felony convictions.  See In re McAfee, 53 S.W.3d 715, 718 (Tex .App.—Houston [1st Dist.] 2001, orig. proceeding). 

Because relator is seeking post-conviction relief, we do not have jurisdiction over this proceeding.  Accordingly, we dismiss relator’s petition for writ of mandamus.

                                                                                    PER CURIAM

Panel consists of Justices Frost, Jamison, and McCally.

Do Not Publish — Tex. R. App. P. 47.2(b).