in Re Joseph Thomas Roberts

• Court: Court of Appeals of Texas
• Decided: May 22, 2014
• Docket: 01-13-01020-CR
• Status: Published

Opinion

Opinion issued May 22, 2014.

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-13-01020-CR ——————————— IN RE JOSEPH THOMAS ROBERTS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Joseph Thomas Roberts, has filed a petition for writ of mandamus,

requesting that we set aside or modify the judgment of conviction in the underlying

cause.1

1 The petition indicates that the underlying proceeding is cause number 10CR1417, styled State of Texas v. Joseph Thomas Roberts, in the 10th District Court of Galveston County. This Court does not have jurisdiction to grant relator’s requested relief. We

have no authority to issue writs of mandamus in criminal law matters relating to

final post-conviction felony proceedings. See TEX. CODE CRIM. PROC. ANN. art.

11.07, § 3(a), (b) (West Supp. 2013); In re Briscoe, 230 S.W.3d 196, 196–97 (Tex.

App.—Houston [14th Dist.] 2006, orig. proceeding); see also In re McAfee, 53

S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (noting

that only Texas Court of Criminal Appeals has jurisdiction in final post-conviction

felony proceedings).

Conclusion

Accordingly, we dismiss the petition for writ of mandamus for lack of

jurisdiction.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp. Do not publish. TEX. R. APP. P. 47.2(b).