in Re Herbert Lee Briscoe

• Court: Court of Appeals of Texas
• Decided: February 15, 2006
• Docket: 14-06-00122-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Opinion filed February 15, 2006

Petition for Writ of Mandamus Dismissed and Opinion filed February 15, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00122-CV

IN RE HERBERT LEE BRISCOE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

O P I N I O N

On February 10, 2006, Relator, Herbert Lee Briscoe, 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.  The petition arises from relator=s application for writ of habeas corpus filed in the trial court in which his conviction was obtained.  See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2005).  Relator asks this court to grant Athis application@ and Aproper access in filing a subsequent application in this case.@

We do not have jurisdiction over relator=s request.  Courts of appeals have no jurisdiction over post-conviction writs of habeas corpus in felony cases.  See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon 2005);  Board of Pardons and Paroles ex. rel. Keene v. Court of Appeals for the Eighth Dist., 910 S.W.2d 481, 483 (Tex.Crim.App.1995).  Article 11.07 contains no role for the courts of appeals.  To complain about any action, or inaction, of the convicting court, the applicant may seek mandamus relief from the Court of Criminal Appeals.  See Tex. Const. art. V, ' 5.  We have no authority to issue writs of mandamus in criminal law matters pertaining to proceedings under  Tex. Code Crim. Proc. Ann. art. 11.07.  See In re McAfee, 53 S.W.3d 715, 718 (Tex. App. B Houston [1st Dist.] 2001, orig. proceeding).

Accordingly, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Petition Dismissed and Opinion filed February 15, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.