in Re Leon Brewer

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-12-00686-CR

IN RE Leon BREWER

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Karen Angelini, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice

Delivered and Filed: November 7, 2012

PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION

On October 19, 2012, Relator Leon Brewer filed a petition for writ of mandamus,

complaining he filed an amendment to his original application for post-conviction writ of habeas

corpus and a motion for leave to file the amended writ and the trial court has failed to respond or

set the matter for hearing.

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); see also TEX. CODE CRIM. PROC. ANN. art. 11.07

(West Supp. 2012); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth

1 This proceeding arises out of Cause No. 2009CR7532, styled State of Texas v. Leon Brewer, pending in the 437th Judicial District Court, Bexar County, Texas, the Honorable Lori I. Valenzuela presiding. 04-12-00686-CR

Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that “Article 11.07 provides the

exclusive means to challenge a final felony conviction.”). Because the relief sought in Relator’s

petition relates to post-conviction relief from an otherwise final felony conviction, we are

without jurisdiction to consider his petition for writ of mandamus. 2

Accordingly, Relator’s petition is DISMISSED FOR LACK OF JURISDICTION.

DO NOT PUBLISH

2 On March 22, 2010, relator was convicted of felony possession of a firearm. No appeal was taken in this court. Therefore, relator’s conviction is final.

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