In Re Raymond Peoples v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 24, 2024
• Docket: 09-24-00233-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-24-00233-CR __________________

IN RE RAYMOND PEOPLES

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Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 16-24808 __________________________________________________________________

MEMORANDUM OPINION

Raymond Peoples seeks mandamus relief in connection with a post-

conviction habeas corpus proceeding. See Tex. R. App. P. 52. The Court of Criminal

Appeals exclusively possesses the authority to grant relief in a post-conviction

habeas corpus proceeding where there is a final felony conviction. Padieu v. Court

of Appeals of Tex., Fifth Dist., 392 S.W.3d 115, 117 (Tex. Crim. App. 2013) (orig.

proceeding). In recognition of the exclusive jurisdiction of the Court of Criminal

Appeals and the mandamus authority exercised by that court in the protection of its

habeas jurisdiction, we will not act on a mandamus petition filed to compel the trial

court to act in a proceeding under Article 11.07 of the Texas Code of Criminal

1 Procedure. In re McAfee, 53 S.W.3d 715, 717–18 (Tex. App.—Houston [1st Dist.]

2001, orig. proceeding); see also Tex. Code Crim. Proc. Ann. art. 11.07. “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.”

McAfee, 53 S.W.3d at 718. Accordingly, we dismiss the petition for a writ of

mandamus.

PETITION DISMISSED.

PER CURIAM

Submitted on July 23, 2024 Opinion Delivered July 24, 2024 Do Not Publish

Before Johnson, Wright and Chambers, JJ.