in Re Clifford Winfrey

Opinion issued December 4, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00930-CR

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IN RE CLIFFORD WINFREY, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

Relator Clifford Winfrey has filed in this Court a petition for writ of mandamus. Relator complains that his trial counsel, Elihu Dodier, has not responded to the trial court's order to file an affidavit in his pending post-conviction writ of habeas corpus. ⁽¹⁾

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. Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (Vernon Supp. 2009). 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).

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

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Bland and Massengale.

Do not publish.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

1.

Appellant was convicted in the 174th District Court, Harris County, of the offense of aggravated robbery in trial court cause number 1028859. The trial court sentenced appellant to confinement for 40 years. Appellant gave notice of appeal. On June 28, 2007, this Court issued an opinion affirming the trial court's judgment. Winfrey v. State, No. 01-06-00473-CR, 2007 WL 1844425 (Tex. App.--Houston [1st Dist.] June 28, 2007, pet. ref'd) (not designated for publication). Our mandate issued on April 23, 2008.