Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00799-CR
IN RE Michael Joseph ROSENBERG
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Karen Angelini, Justice
Rebeca C. Martinez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 26, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On November 17, 2014, relator Michael Joseph Rosenberg filed a pro se petition for writ
of mandamus, complaining of the trial court’s failure to grant his application for habeas corpus
relief. In 2003, relator was convicted of murder following a guilty plea and was sentenced to
seventy years’ confinement. On October 20, 2004, this court affirmed the judgment of conviction
in Cause No. 04-03-00812-CR. 2 Relator’s felony conviction thus became final.
Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post-
conviction relief from an otherwise final felony conviction. See Ater v. Eighth Court of Appeals,
802 S.W.2d 241, 243 (Tex. 1991); see also TEX. CODE CRIM. PROC. ANN. art. 11.07 (West Supp.
1
This proceeding arises out of Cause No. 1485, styled The State of Texas v. Michael Joseph Rosenberg, pending in
the 49th Judicial District Court, Zapata County, Texas, the Honorable Jose A. Lopez presiding.
2
See Rosenberg v. State, No. 04-03-00812-CR, 2004 WL 2346269, at *2 (Tex. App.—San Antonio Oct. 20, 2004, no
pet.) (mem. op., not designated for publication).
04-14-00799-CR
2014); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d
481, 483 (Tex. Crim. App. 1995) (holding that “Article 11.07 provides the exclusive means to
challenge a final felony conviction.”). Because the relief sought in relator’s petition relates to post-
conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider
his petition for writ of mandamus. Accordingly, relator’s petition is dismissed for lack of
jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-