in Re David Carl Wormington

• Court: Court of Appeals of Texas
• Decided: June 10, 2014
• Docket: 01-13-01036-CR
• Status: Published

Opinion

Opinion issued June 10, 2014.

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-01036-CR ——————————— IN RE DAVID CARL WORMINGTON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, David Carl Wormington, has filed a petition for writ of mandamus,

seeking to compel respondent, the Honorable Mary Bacon, to rule on his “petition

filed under 11.05 Texas Code of Criminal Procedure.”1

1 The petition identifies the underlying case as cause number 1005810, Ex parte David Wormington, in the 184th District Court of Harris County Texas, the Honorable Jan Krocker presiding. This Court does not have jurisdiction to grant relator’s requested relief. Only

the Texas Court of Criminal Appeals has jurisdiction in final post-conviction

habeas corpus proceedings. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West

Supp. 2013); Padieu v. Court of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117

(Tex. Crim. App. 2013); Bd. of Pardons & Paroles ex rel. Keene v. Court of

Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995). We have

no authority to issue writs of mandamus in criminal law matters relating to final

post-conviction felony proceedings. See In re McAfee, 53 S.W.3d 715, 717 (Tex.

App.—Houston [1st Dist.] 2001, orig. proceeding).

Conclusion

Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Bland, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).