in Re Lamar Burks

Opinion issued March 12, 2010








 








In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-01007-CR

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IN RE LAMAR BURKS, Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION

               Relator, Lamar Burks, filed in this Court a petition for writ of mandamus, complaining that the trial court judge presiding over his post-conviction writ of habeas corpus, filed as cause number 843968-A, should be removed from his case and that all orders entered by the trial court judge should be vacated. See Tex. Code Crim. Proc. Ann. art. 11.07 (Vernon Supp. 2009). We deny the petition. 

               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. 2009).

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

               Any pending motions are denied as moot.

PER CURIAM


Panel consists of Justices Keyes, Sharp and Massengale.

Do not publish.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