in Re: Billy James Cheeks

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS


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IN RE: BILLY JAMES CHEEKS,                     )                             No. 08-04-00290-CR

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                                    Relator.                            )                  AN ORIGINAL PROCEEDING

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) IN MANDAMUS

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OPINION ON PETITION FOR WRIT OF MANDAMUS


            Relator Billy James Cheeks has filed a petition for writ of mandamus, complaining that the trial court has failed to rule on certain motions filed by him. Relator has not provided this court with certified or sworn copies of the motions. See Tex.R.App.P. 52.3(j)(1)(A). Moreover, Relator’s petition indicates that his motions relate to a felony post-conviction writ of habeas corpus. This court does not have jurisdiction over matters related to felony post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.--Houston [1st Dist.] 2001, orig. proceeding). Accordingly, the petition for writ of mandamus is denied.

 

October 7, 2004                                                          

                                                                                    ANN CRAWFORD McCLURE, Justice


Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.


(Do Not Publish)