in Re Loyd Landon Sorrow

• Court: Court of Appeals of Texas
• Decided: May 17, 2011
• Docket: 14-11-00360-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 17, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00360-CR

IN RE LOYD LANDON SORROW, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

   263rd District Court

   Harris County, Texas

Trial Court Cause No. 874978

M E M O R A N D U M   O P I N I O N

            On April 28, 2011, relator 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.  In the petition, relator seeks an order directing respondent, the Honorable Jim Wallace, presiding judge of the 263rd District Court of Harris County, to (1) grant a motion for an incompetency hearing; (2) enforce an order for production of mental health care records; (3) hold the State’s prosecuting attorney in contempt for violating production order; (4) grant a motion for discovery of health care records; and (5) reverse his judgment of conviction and remand for a new trial.

The courts of appeals have concurrent mandamus jurisdiction with the Court of Criminal Appeals in some post-conviction proceedings.  Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex.Crim.App.2003).  Relator is seeking post-conviction relief on the grounds he was incompetent to stand trial.  Only the Court of Criminal Appeals has jurisdiction in final post-conviction habeas corpus proceedings.  Tex. Code Crim. Proc. Ann. art. 11.07; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth 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 we do not have jurisdiction, the petition for writ of mandamus is ordered denied.

                                                                        PER CURIAM

Panel consists of Justices Anderson, Brown, and Christopher.

Do Not Publish — Tex. R. App. P. 47.2(b).