in Re Jose Alberto Gutierrez

Opinion

Fourth Court of Appeals San Antonio, Texas July 31, 2017

No. 04-17-00427-CR

IN RE Jose Alberto GUTIERREZ

Original Mandamus Proceeding1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice

On July 5, 2017, Relator filed a pro se petition for writ of mandamus, which this court denied because Relator filed no supporting documents with his petition. In re Gutierrez, No. 04- 17-00427-CR, 2017 WL 2960390 (Tex. App.—San Antonio July 12, 2017, orig. proceeding) (mem. op., not designated for publication). On July 19, 2017, Relator filed a document with this court, which this court construes as a motion for rehearing. Relator attached several documents to the motion. On July 28, 2017, Relator filed an additional document, with additional attachments, which this court construes as a supplemental motion for rehearing. Both the motion for rehearing and supplemental motion, with their respective supporting documents, indicate Relator is seeking post-conviction relief from a final felony conviction.

This court does not have jurisdiction to grant post-conviction relief from an otherwise final felony conviction: only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); In re Stone, 26 S.W.3d 568, 569 (Tex. App.—Waco 2000, orig. proceeding); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Because Relator seeks post-conviction relief from an otherwise final felony conviction, we are without jurisdiction to grant him the relief he seeks. Therefore, Relator has failed to show himself entitled to a rehearing of the denial of his petition for writ of mandamus. Accordingly, the motion for rehearing is DENIED.

It is so ORDERED on July 31, 2017.

1 This proceeding arises out of Cause No. 2008CR1186, styled State of Texas v. Jose Alberto Gutierrez, pending in the 186th Judicial District Court, Bexar County, Texas, the Honorable Jefferson Moore presiding. _________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of July, 2017.

___________________________________ Luz Estrada Chief Deputy Clerk