in Re Billy Holmes

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 22, 2008

Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed July 22, 2008.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-00564-CV

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IN RE BILLY HOLMES, Relator

 

 

 

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

 

 

M E M O R A N D U M   O P I N I O N

On July 1, 2008, relator, Billy Holmes, 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.[1]  In his petition, relator requests that we compel the presiding judge of the 263rd District Court of Harris County to vacate the judgment and sentence in connection with relator=s conviction for aggravated robbery because the judgment and sentence are allegedly void.


Relator seeks post-conviction habeas relief.  Although courts of appeals have jurisdiction in 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).  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 July 22, 2008.

Panel consists of Justices Yates, Anderson, and Brown.



[1]  Relator=s petition was originally filed in the First Court of Appeals on April 15, 2008, but was subsequently transferred to this court pursuant to a transfer order issued on June 26, 2008.