in Re Edward R. Newsome

Court of Appeals of Texas·Decided May 19, 2009·No. 14-09-00391-CR·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

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NO. 14-09-00390-CR

NO. 14-09-00391-CR

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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 April 24, 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 is being unlawfully confined on his conviction for unauthorized use of a motor vehicle and seeks a new trial. 


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).

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Related

Ater v. Eighth Court of Appeals
802 S.W.2d 241 (Court of Criminal Appeals of Texas, 1991)