Opinion issued February 13, 2003
In The
Court of Appeals
For The
First District of Texas
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NO. 01-03-00110-CV
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IN RE DAVID Y. YOUNG, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, David Y. Young, requests that this Court compel respondent (1) to rule on his petition for writ of habeas corpus in cause number 865193. Relator's direct appeal of his conviction in cause number 865193 was filed in this Court as cause number 01-01-00259-CR. On May 23, 2002, we issued an opinion affirming the trial court's judgment as modified. Our mandate issued on October 23, 2002.
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 in felony cases 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. 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 Nuchia and Hanks.
Do not publish. Tex. R. App. P. 47.2(b).
1.