IN THE
TENTH COURT OF APPEALS
No. 10-09-00219-CR
In re Baltasar D. Cruz
Original Proceeding
MEMORANDUM Opinion
Baltasar D. Cruz’s application for writ of mandamus is denied. His emergency motion to stay proceedings is dismissed as moot.
PER CURIAM
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Petition denied
Opinion delivered and filed July 13, 2009
[OT06]
for publication).
Only the Court of Criminal Appeals has jurisdiction in final post-conviction habeas corpus proceedings. Tex. Code Crim. Proc. Ann. art. 11.07; Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth Dist., 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding that article 11.07 provides the exclusive means to challenge a final felony conviction). This court lacks jurisdiction to grant mandamus relief in matters related to a post-conviction writ application. See McCree v. Hampton, 824 S.W.2d 578, 579 (Tex. Crim. App. 1992) (Court of Criminal Appeals has jurisdiction to order the trial court to rule on applicant’s post-conviction writ of habeas corpus.); In re McAfee, 53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding) (concluding that intermediate courts of appeals have no authority to issue writs of mandamus in criminal [ ] matters pertaining to article 11.07 writs).
Id.
Because the relief that Brown seeks relates to post-conviction habeas corpus relief, we do not have jurisdiction over this original proceeding. See id. (citing In re Trevino, 79 S.W.3d 794, 795 (Tex. App.—Corpus Christi 2002, orig. proceeding) (holding that court of appeals did not have jurisdiction to issue mandamus directing district court to forward copy of record to inmate for purposes of pursuing post-conviction relief)). Accordingly, we dismiss the petition for writ of mandamus.
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition dismissed
Opinion delivered and filed July 13, 2011
Do not publish
[OT06]