Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed December 11, 2008.
In The
Fourteenth Court of Appeals
____________
NO. 14-08-01087-CR
IN RE DEVIAN CHARLES BURKS, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On November 26, 2008, relator, Devian Charles Burks, filed a petition for writ of mandamus in this Court. See Tex. Gov=t Code Ann '22.221 (Vernon 2004); see also Tex. R. App. P. 52.1. In his petition, relator requests that we compel the district clerk to forward his notice of appeal to the appropriate court of appeals and to prepare the record from his trial for free. However, the notice of appeal of relator=s underlying conviction for assault was filed in this court on July 13, 2007; the reporter=s record was filed on July 16, 2007; and the clerk=s record was filed on August 24, 2007. Therefore, this part of relator=s requested relief is moot.
Relator further complains that his conviction for assault is void because his attorney at trial allegedly rendered ineffective assistance of counsel. Relator seeks post-conviction habeas relief. Although courts of appeals have jurisdiction over criminal matters, only the Texas Court of Criminal Appeals has jurisdiction over matters related to final post-conviction felony proceedings. Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding). This includes requests for habeas relief based on assertions of void convictions. See In re Walid, No. 08-04-00345-CR, 2004 WL 3017293, at *1 (Tex. App.CEl Paso Dec. 16, 2004, orig. proceeding) (not designated for publication) (holding court of appeals did not have authority to compel trial court to set aside judgment of conviction, which relator asserted was void).
Because we do not have jurisdiction over the requested relief, the petition for writ of mandamus is ordered dismissed.
PER CURIAM
Petition Dismissed and Memorandum Opinion filed December 11, 2008.
Panel consists of Justices Anderson, Frost, and Sullivan.