in Re Luis Antonio Diaz
Opinion
|
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH |
NO. 02-11-00158-CV
|
In re Luis Antonio Diaz |
RELATOR |
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ORIGINAL PROCEEDING
MEMORANDUM OPINION[1]
The court has considered relator’s petition for writ of mandamus and is of the opinion that relief should be denied.[2] Accordingly, relator’s petition for writ of mandamus is denied.
PER CURIAM
PANEL: MCCOY, GARDNER, and GABRIEL, JJ.
DELIVERED: May 12, 2011
[1]See Tex. R. App. P. 47.4, 52.8(d).
[2]Jurisdiction to grant post-conviction habeas corpus relief from a final felony conviction rests exclusively with the court of criminal appeals. See In re McAfee, 53 S.W.3d 715, 718 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (“Should an applicant find it necessary to complain about an action or inaction of the convicting court, the applicant may seek mandamus relief from the Court of Criminal Appeals.”); see also Tex. Code Crim. Proc. Ann. art. 11.07, § 5 (“After conviction the procedure outlined in this Act shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner.”).
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