in Re Edward Newsome

• Court: Court of Appeals of Texas
• Decided: May 19, 2009
• Docket: 14-09-00439-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 19, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed May 19, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00439-CR

IN RE EDWARD R. NEWSOME, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On May 7, 2009, relator, Edward R. Newsome, filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.  In his petition, relator complains that he did not receive credit for time served in jail before his trial for unauthorized use of a motor vehicle. 

Relator seeks post-conviction habeas relief.  Although courts of appeals have 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. Crim. App. 1991) (orig. proceeding).  Therefore, we do not have jurisdiction in this original proceeding. 

Accordingly, relator=s petition for writ of mandamus is ordered dismissed for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Seymore, Brown, and Sullivan.

Do Not PublishCTex. R. App. P. 47.2(b).