in Re: Gregory Eugene Muse

• Court: Court of Appeals of Texas
• Decided: January 9, 2008
• Docket: 12-07-00482-CR
• Status: Published

Opinion

                NO. 12-07-00482-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

§         

IN RE: GREGORY EUGENE MUSE,       §          ORIGINAL PROCEEDING

RELATOR

MEMORANDUM OPINION

            Gregory Eugene Muse has filed a pro se petition for writ of mandamus in which he complains that the Smith County District Clerk's Office has failed to forward his postconviction writ to the court of criminal appeals.¹  Jurisdiction to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments lies exclusively with the Texas Court of Criminal Appeals.  In re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.–Houston [1st Dist.] 2001, orig. proceeding).  Intermediate appellate courts have no authority to issue writs of mandamus in such matters.  See id.; Tex. Code Crim. Proc. Ann. art. 11.07 § 3 (Vernon Supp. 2007-08).  Accordingly, the petition for writ of mandamus is dismissed for want of jurisdiction.

                                                                                                     SAM GRIFFITH   

                                                                                                              Justice

Opinion delivered January 9, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

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¹ The respondents are Lois Rogers, Smith County District Clerk, and Sue Pope, “a Smith County clerk.”