in Re Warren Pierre Canady

• Court: Court of Appeals of Texas
• Decided: March 10, 2009
• Docket: 14-09-00173-CR
• Status: Published

Opinion

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed March 10, 2009

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed March 10, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00173-CR

IN RE WARREN PIERRE CANADY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On February 23, 2009, relator, Warren Pierre Canady, 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. 52.1.  In his petition, relator asserts the enhancement of his sentence for his theft conviction was unconstitutional.  Relator seeks post-conviction habeas relief.  Although courts of appeals have jurisdiction over criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings.  Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). 

Because we do not have jurisdiction over the requested relief, the petition for writ of mandamus is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).