in Re: Simon Terry Jeffrey

• Court: Court of Appeals of Texas
• Decided: August 22, 2002
• Docket: 01-02-00810-CV
• Status: Published

Opinion

Opinion issued August 22, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00810-CV

IN RE SIMON TERRY JEFFERY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator requests that this Court compel respondent ⁽¹⁾ to rule on his petition for writ of habeas corpus. Relator was convicted of murder by a jury in cause number 225465 and was sentenced to confinement for life on July 18, 1978. The conviction was appealed, and the Court of Criminal Appeals issued its mandate of affirmance on June 2, 1982.

This Court has no authority to issue a writ of mandamus to compel a district court judge to rule on a petition for writ of habeas corpus in which the judgment of conviction is final. In re McAfee, 53 S.W.3d 715, 718 (Tex. App.--Houston [1st Dist.] 2001, orig. proceeding). This is because jurisdiction to grant post-conviction habeas corpus relief rests exclusively with the Texas Court of Criminal Appeals. Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Tex. Code Crim. P. Ann. art. 11.07, § 3 (Vernon Supp. 2002).

Therefore, the petition for writ of mandamus is dismissed for want of jurisdiction.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Mirabal, Taft, and Alcala.

Do not publish. Tex. R. App. P. 47.

1.

Respondent is the Honorable Susan Brown, Judge, 185th District Court, Harris County.