in Re Fabian Javier Mireles

Opinion issued February 19, 2009

























In The

Court of Appeals

For The

First District of Texas




NO. 01-09-00079-CR




IN RE FABIAN JAVIER MIRELES, Appellant



V.



THE STATE OF TEXAS, Appellee




Original Proceeding on Petition for Writ of Mandamus




MEMORANDUM OPINION

Relator, Fabian Javier Mireles, has filed a petition for writ of mandamus requesting that this Court compel Judge Reagin (1) to allow relator to proceed in forma pauperis in trial court cause number 828498. However, appellant has exhausted his appellate remedies in trial court cause number 828498. See Mireles v. State, 2002 WL 576107 (Tex. App--Houston [14th Dist.] April 18, 2002, pet. ref'd). Moreover, the Court of Criminal Appeals has exclusive jurisdiction over post-conviction writs of habeas corpus in felony cases. In re Briscoe, 230 S.W.3d 196, 196 (Tex. App.--Houston [14th Dist.] 2006) (orig. proceeding). To complain about any action or inaction of the convicting court in relation to a post-conviction writ, the applicant may seek mandamus relief from the Court of Criminal Appeals. Id.

We deny the petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Hanks.

Do not publish.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

1.