in Re John Gerald Mass, Relator
This text of in Re John Gerald Mass, Relator (in Re John Gerald Mass, Relator) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
• • • • • •
MEMORANDUM OPINION
No. 04-10-00488-CR
IN RE John Gerald MASS
Original Mandamus Proceeding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: July 14, 2010
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On June 30, 2010, relator John Gerald Mass filed a petition for writ of mandamus, complaining of the trial court’s failure to rule on his motion for an out-of-time appeal. However, only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. 1991) (out-of-time appeal from final felony conviction may be sought by filing a writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure).
Accordingly, relator’s petition is DISMISSED FOR LACK OF JURISDICTION.
DO NOT PUBLISH
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