Opinion issued May 15, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00450-CV
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IN RE KENNETH RICHARD LEROY, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Kenneth Richard Leroy, filed a petition for writ of mandamus in which he requests that this Court order his immediate release from confinement in the penitentiary. He further requests that we order respondents (1) to show cause why relator should not be immediately discharged from confinement.
According to the petition, relator was convicted of aggravated assault in cause number 865761 and sentenced to confinement for seven years. He filed a post-conviction application for writ of habeas corpus in the trial court, complaining of ineffective assistance of his trial counsel. As we read relator's petition, he complains that the trial court has not granted the writ application.
Relator's conviction in cause number 865761 is final. Relator must therefore seek relief in the Texas Court of Criminal Appeals because jurisdiction to grant post-conviction habeas corpus relief in felony cases rests exclusively with that court. 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. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2003).
Therefore, the petition for writ of mandamus is dismissed for want of jurisdiction.
It is so ORDERED.
PER CURIAM
Panel consists of Chief Justice Radack, and Justices Alcala and Higley.
1.