in Re Michael W. Barnes

• Court: Court of Appeals of Texas
• Decided: May 24, 2012
• Docket: 14-12-00411-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 24, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-12-00411-CR ____________

IN RE MICHEAL W. BARNES, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 183rd District Court Harris County, Texas Trial Court Cause No. 1072414

MEMORANDUM OPINION

On May 2, 2012, 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. Relator claims his conviction should be set aside as void.

Texas Code of Criminal Procedure article 11.07 governs the procedure for obtaining post-conviction relief from a final felony conviction. See Tex.Code Crim. Proc. Ann. art. 11.07 (West Supp.2010). Article 11.07 provides no role for the courts of appeals in this process. See id. Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-conviction relief from a final felony conviction. See Ater v. Eighth Court of Appeals, 802 S. W.2d 241, 243 (Tex.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). Accordingly, relator's petition is dismissed for lack of jurisdiction. Tex. R. App. P. 52.8(a).

PER CURIAM

Panel consists of Justices Boyce, Christopher, and Jamison. Do Not Publish — Tex. R. App. P. 47.2(b).