in Re Albert Ortiz v. State

Opinion issued August 20, 2008


 





In The

Court of Appeals

For The

First District of Texas

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NO. 01-08-00655-CR

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IN RE ALBERT MALDONADO ORTIZ, Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION

          Relator, Albert Maldonado Ortiz, has filed a petition for writ of mandamus complaining that the District Clerk of Harris County has not provided him with a free record so that he can prepare a post conviction writ.

          First, relator’s petition does not meet the requirements of the Texas Rules of Appellate Procedure. For example, it does not include an appendix, does not give a complete list of all parties, does not include an index of authorities, and does not certify that a copy of the petition was served on respondent district clerk. See Tex. R. App. P. 9.5, 52.3 (a)(c)(j).

           Moreover, jurisdiction to grant post conviction relief on the final felony conviction in trial court cause number 984607 has passed to the Texas Court of Criminal Appeals in accordance with article 11.07 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. Art. 11.07 (Vernon Supp. 2007); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for the Eight District, 910 S.W.2d 481, 483 (Tex. Crim. App. 1995); Ater v. Eight Court of Appeals, 802 S.W. 2d 241 (Tex. Crim. App. 1991).           

          Accordingly, we dismiss the petition for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.

Do not publish.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