in Re Eric Randall Hinkle

Court of Appeals of Texas·Decided August 13, 2012·No. 02-12-00327-CV·Published

Opinion

02-12-327-CV

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00327-CV

In re Eric Randall Hinkle

RELATOR

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ORIGINAL PROCEEDING

MEMORANDUM OPINION[1]

The court has considered relator’s petition for writ of mandamus and is of the opinion that the petition should be dismissed for want of jurisdiction.  See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (holding that the court of criminal appeals is the “only court with jurisdiction in final post-conviction felony proceedings”); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, no pet.) (“[W]hile the courts of appeals have mandamus jurisdiction in criminal matters, only the Texas Court of Criminal Appeals has jurisdiction in final post-conviction felony proceedings.”).  Accordingly, relator’s petition is dismissed for want of jurisdiction.

PER CURIAM

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and WALKER, JJ.

DELIVERED:  August 13, 2012



[1]See Tex. R. App. P. 47.4, 52.8(d).

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Related

Ater v. Eighth Court of Appeals
802 S.W.2d 241 (Court of Criminal Appeals of Texas, 1991)
In Re McAfee
53 S.W.3d 715 (Court of Appeals of Texas, 2001)