in Re: Perry Patterson

Court of Appeals of Texas·Decided November 21, 2013·No. 05-13-01604-CV·Published

Opinion

Mandamus Dismissed and Opinion Filed November 21, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01604-CV

IN RE PERRY PATTERSON, Relator

Original Proceeding from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F08-11133-P

MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice Lang In this original mandamus proceeding, relator contends the trial court has violated a

ministerial duty under Texas Code of Criminal Procedure article 11.07, section 3(c) by not

sending relator copies of the documents relator requested, as well as by not ruling on relator’s

application for post-conviction writ of habeas corpus and evidentiary hearing request. The facts

and issues are known to the parties, so we need not recite them herein. This Court has no

jurisdiction over post-conviction habeas corpus proceedings under article 11.07. See TEX. CODE

CRIM. PROC. ANN. arts. 11.05, 11.07 (West 2005); In re McFee, 53 S.W.3d 715, 717–18 (Tex.

App.––Houston [1st Dist.] 2001, orig. proceeding) (per curiam). Accordingly, we dismiss

relator’s petition for writ of mandamus for want of jurisdiction.

/Douglas S. Lang/ DOUGLAS S. LANG 131604F.P05 JUSTICE

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