in Re Todd Warren Altschul

Opinion

Opinion issued July 6, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00439-CR

IN RE TODD WARREN ALTSCHUL, Relator

---

Original Petition for Writ of Habeas Corpus

---

MEMORANDUM OPINION

               Relator, Todd Warren Altschul, petitions this Court for a post-conviction writ of habeas corpus. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004). This Court has no jurisdiction to hear a post-conviction application for writ of habeas corpus in felony cases. 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).

               In support of his petition, relator erroneously relies on Padilla v. McDaniel, 122 S.W.3d 805 (Tex. Crim. App. 2003). However, the Texas Court of Criminal Appeals in Padilla held that when it and a court of appeals have concurrent original jurisdiction of a petition for writ of mandamus against the judge of a district or county court, the petition should be presented first to the court of appeals. Id. at 808. In this proceeding, relator is not requesting mandamus relief, but habeas corpus relief.

               Accordingly, we dismiss relator’s application for writ of habeas corpus for want of jurisdiction and deny all requested relief.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).