in Re: William Lester Rice, Jr.

Opinion issued March 3, 2005









 






In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00057-CR

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IN RE WILLIAM LESTER RICE, JR., Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION

               Relator, William Lester Rice, Jr., filed in this Court a petition for writ of mandamus, complaining that respondent refused to properly process relator’s pro se motion to disqualify respondent. According to the petition, the motion was filed in connection with relator’s post-conviction writ of habeas corpus in cause number 857604B. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2004-2005).

               This Court has no authority to issue writs of mandamus in criminal law matters pertaining to habeas corpus proceedings seeking relief from final felony judgments. That jurisdiction lies exclusively with the Texas Court of Criminal Appeals. See 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 re McAfee, 53 S.W.3d 715, 717-18 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2004-2005).

               The petition for writ of mandamus is dismissed for lack of jurisdiction.

PER CURIAM


Panel consists of Justices Nuchia, Jennings, and Alcala.

Do not publish.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